§ 3104. Bases of jurisdiction.
(a) Jurisdiction.--The courts shall have original jurisdiction in cases of divorce and for the annulment
of void or voidable marriages and shall determine, in conjunction with any decree
granting a divorce or annulment, the following matters, if raised in the pleadings,
and issue appropriate decrees or orders with reference thereto, and may retain continuing
jurisdiction thereof:
(1) The determination and disposition of property rights and interests between spouses,
including any rights created by any antenuptial, postnuptial or separation agreement
and including the partition of property held as tenants by the entireties or otherwise
and any accounting between them, and the order of any spousal support, alimony, alimony
pendente lite, counsel fees or costs authorized by law.
(2) The future care, custody and visitation rights as to children of the marriage or purported
marriage.
(3) Any support or assistance which shall be paid for the benefit of any children of the
marriage or purported marriage.
(4) Any property settlement involving any of the matters set forth in paragraphs (1),
(2) and (3) as submitted by the parties.
(5) Any other matters pertaining to the marriage and divorce or annulment authorized by
law and which fairly and expeditiously may be determined and disposed of in such action.
(b) Residence and domicile of parties.--No spouse is entitled to commence an action for divorce or annulment under this part
unless at least one of the parties has been a bona fide resident in this Commonwealth
for at least six months immediately previous to the commencement of the action. Both
parties shall be competent witnesses to prove their respective residence, and proof
of actual residence within this Commonwealth for six months shall create a presumption
of domicile within this Commonwealth.
(c) Powers of court.--The court has authority to entertain an action under this part notwithstanding the
fact that the marriage of the parties and the cause for divorce occurred outside of
this Commonwealth and that both parties were at the time of the occurrence domiciled
outside this Commonwealth. The court also has the power to annul void or voidable
marriages celebrated outside this Commonwealth at a time when neither party was domiciled
within this Commonwealth.
(d) Foreign forum.--After the dissolution or annulment of a marriage in a foreign forum where a matter
under subsection (a) has not been decided, a court of this Commonwealth shall have
jurisdiction to determine a matter under subsection (a) to the fullest extent allowed
under the Constitution of the United States.
(e) Venue.--A proceeding for divorce or annulment may be brought in the county:
(1) where the defendant resides;
(2) if the defendant resides outside of this Commonwealth, where the plaintiff resides;
(3) of matrimonial domicile, if the plaintiff has continuously resided in the county;
(4) prior to six months after the date of final separation and with agreement of the defendant,
where the plaintiff resides or, if neither party continues to reside in the county
of matrimonial domicile, where either party resides; or
(5) after six months after the date of final separation, where either party resides.
Suspension by Court Rule. Section 3104(e) was suspended by Pennsylvania Rule of Civil Procedure No. 1920.91,
as amended May 5, 1997, insofar as it applies to the practice and procedure in actions
for divorce or annulment of marriage.
Notes of Decisions
Cited in
39
cases (
4 in the last 5 years), 1991–2026 · leading case:
Ileiwat, T. v. Labadi, M., 233 A.3d 853 (Pa. Super. Ct. 2020).
Ileiwat, T. v. Labadi, M., 233 A.3d 853 (Pa. Super. Ct. 2020).
· cites it 6× “23 Pa.C.S. § 3104. The term “bona fide resident” means one who is domiciled in Pennsylvania, i.”
Wagner v. Wagner, 768 A.2d 1112 (Pa. 2001).
· cites it 6× “, 23 Pa.C.S. § 3104(a)(1)-(5). Many state courts, including those in Pennsylvania, have the power to determine property rights, even after a marriage has been dissolved in another forum.”
Perlberger v. Perlberger, 626 A.2d 1186 (Pa. Super. Ct. 1993).
· cites it 4× “, the following matters, if raised in the pleadings, and issue appropriate decrees or orders with reference thereto, and may retain continuing jurisdiction thereof: * * * * * * (3) Any support or assistance which shall be paid for the benefit of any children of the marriage .”
Wagoner v. Wagoner, 648 A.2d 299 (Pa. 1994).
· cites it 4× “However, it cited 23 Pa.C.S. § 3104(a)(1) for the proposition that courts may retain continuing jurisdiction over `the determination and disposition of property rights and interests between spouses.”
Gaboury v. Gaboury, 988 A.2d 672 (Pa. Super. Ct. 2009).
· cites it 3× “Wife relies upon this Court’s application of 23 Pa.C.S. § 3104 in Annechino v. Joire, 946 A.”
Glover, C. v. Junior, N., 306 A.3d 899 (Pa. Super. Ct. 2023).
· cites it 4× “23 Pa.C.S. § 3104. Similarly, the Code grants the court the following equitable powers: -8- J-E02004-23 (f) Equity power and jurisdiction of the court.”
Mikhail v. Kahn, 991 F. Supp. 2d 596 (E.D. Pa. 2014).
“§ 931(a) (“unlimited original jurisdiction”); 23 Pa. Cons.Stat. Ann. § 3104 (divorce and custody); 23 Pa.”
Leister v. Leister, 684 A.2d 192 (Pa. Super. Ct. 1996).
· cites it 2× “*595 Calibeo III has misconstrued the intent and extent of the rule changes which accomplished two purposes, first, to make alimony subject to the support rules and guidelines and secondly, to provide the continuance of a spousal support Order as alimony pendente lite upon entry…”
Neyman, F. v. Buckley, F., 153 A.3d 1010 (Pa. Super. Ct. 2016).
· cites it 2× “]” 23 Pa.C.S. § 3104(a). Courts with jurisdiction of domestic relations have broad jurisdiction to resolve matters uniquely pertaining to matrimonial causes, including disposition of property between the parties, issues related to children, and to resolve “[a]ny other matters .”
Johnson v. Johnson, 864 A.2d 1224 (Pa. Super. Ct. 2004).
“23 Pa.C.S. § 3104(a)(1) [formerly 23 P.S.”
Musko v. Musko, 697 A.2d 255 (Pa. 1997).
· cites it 2× “, 23 Pa.C.S. § 3104 (courts may maintain jurisdiction over "the order of any spousal support, alimony, alimony pendente lite .”
— 23 Pa. Cons. Stat. § 3104(a) — 6 cases
Gaboury v. Gaboury, 988 A.2d 672 (Pa. Super. Ct. 2009).
“Wife relies upon this Court’s application of 23 Pa.C.S. § 3104 in Annechino v. Joire, 946 A.”
Neyman, F. v. Buckley, F., 153 A.3d 1010 (Pa. Super. Ct. 2016).
“]” 23 Pa.C.S. § 3104(a). Courts with jurisdiction of domestic relations have broad jurisdiction to resolve matters uniquely pertaining to matrimonial causes, including disposition of property between the parties, issues related to children, and to resolve “[a]ny other matters .”
— 23 Pa. Cons. Stat. § 3104(a)(1) — 7 cases
Wagoner v. Wagoner, 648 A.2d 299 (Pa. 1994).
“However, it cited 23 Pa.C.S. § 3104(a)(1) for the proposition that courts may retain continuing jurisdiction over `the determination and disposition of property rights and interests between spouses.”
Wagner v. Wagner, 768 A.2d 1112 (Pa. 2001).
“, 23 Pa.C.S. § 3104(a)(1)-(5). Many state courts, including those in Pennsylvania, have the power to determine property rights, even after a marriage has been dissolved in another forum.”
Johnson v. Johnson, 864 A.2d 1224 (Pa. Super. Ct. 2004).
“23 Pa.C.S. § 3104(a)(1) [formerly 23 P.S.”
— 23 Pa. Cons. Stat. § 3104(a)(2) — 1 case
— 23 Pa. Cons. Stat. § 3104(a)(3) — 1 case
Perlberger v. Perlberger, 626 A.2d 1186 (Pa. Super. Ct. 1993).
“, the following matters, if raised in the pleadings, and issue appropriate decrees or orders with reference thereto, and may retain continuing jurisdiction thereof: * * * * * * (3) Any support or assistance which shall be paid for the benefit of any children of the marriage .”
— 23 Pa. Cons. Stat. § 3104(a)(4) — 1 case
— 23 Pa. Cons. Stat. § 3104(a)(5) — 3 cases
Perlberger v. Perlberger, 626 A.2d 1186 (Pa. Super. Ct. 1993).
“, the following matters, if raised in the pleadings, and issue appropriate decrees or orders with reference thereto, and may retain continuing jurisdiction thereof: * * * * * * (3) Any support or assistance which shall be paid for the benefit of any children of the marriage .”
Neyman, F. v. Buckley, F., 153 A.3d 1010 (Pa. Super. Ct. 2016).
“]” 23 Pa.C.S. § 3104(a). Courts with jurisdiction of domestic relations have broad jurisdiction to resolve matters uniquely pertaining to matrimonial causes, including disposition of property between the parties, issues related to children, and to resolve “[a]ny other matters .”
— 23 Pa. Cons. Stat. § 3104(a)(l) — 2 cases
Wagner v. Wagner, 768 A.2d 1112 (Pa. 2001).
“, 23 Pa.C.S. § 3104(a)(1)-(5). Many state courts, including those in Pennsylvania, have the power to determine property rights, even after a marriage has been dissolved in another forum.”
— 23 Pa. Cons. Stat. § 3104(b) — 7 cases
Ileiwat, T. v. Labadi, M., 233 A.3d 853 (Pa. Super. Ct. 2020).
“23 Pa.C.S. § 3104. The term “bona fide resident” means one who is domiciled in Pennsylvania, i.”
Wagner v. Wagner, 768 A.2d 1112 (Pa. 2001).
“, 23 Pa.C.S. § 3104(a)(1)-(5). Many state courts, including those in Pennsylvania, have the power to determine property rights, even after a marriage has been dissolved in another forum.”
Gaboury v. Gaboury, 988 A.2d 672 (Pa. Super. Ct. 2009).
“Wife relies upon this Court’s application of 23 Pa.C.S. § 3104 in Annechino v. Joire, 946 A.”
— 23 Pa. Cons. Stat. § 3104(c) — 1 case
— 23 Pa. Cons. Stat. § 3104(d) — 6 cases
Wagner v. Wagner, 768 A.2d 1112 (Pa. 2001).
“, 23 Pa.C.S. § 3104(a)(1)-(5). Many state courts, including those in Pennsylvania, have the power to determine property rights, even after a marriage has been dissolved in another forum.”
Ileiwat, T. v. Labadi, M., 233 A.3d 853 (Pa. Super. Ct. 2020).
“23 Pa.C.S. § 3104. The term “bona fide resident” means one who is domiciled in Pennsylvania, i.”
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