Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER I JURISDICTION The Courts of Common Pleas of Pennsylvania have exclusive original jurisdiction in all cases of divorce. Prior to the Constitution of 1874, the Legislature also was empowered to grant divorces, by special bill, but the provision of Art. Ill, Sec. 7, prohibits that body from so acting now. It is perhaps unnecessary to state that any party to a marriage may apply for a divorce, upon proper cause, but it will be interesting to note that in this State one need not be a citizen of the United States, nor need the occurrence of the cause of divorce have taken place within the State, to confer jurisdiction. It is immaterial whether the parties were married in Pennsylvania or elsewhere; whether, in cases of desertion and adultery, the act took place while such parties were domiciled in another State. All that is necessary to give jurisdiction is that the complaining party has resided within the State for a period of one year immediately preceding the filing of the suit. Minor may sue without guardian A wife, though a minor, may maintain an action for divorce without filing libel by next friend. Speicher v. Speicher, 48 Pa. C. C. 195. Alien enemy An alien enemy, if he has resided in Pennsylvania for the statutory period of one year, may maintain a libel for divorce. Brand v. Brand, 47 Pa. C. C. 99. Citizenship The Act of March 13th, 1815, Sec. 11, reads: “ No person shall be entitled to a divorce from the bond of matrimony by virtue of this act, who is not a citizen of this State, and who shall not have resided therein at least one whole year previous to the filing of his or her petition or libel. Construing the word citizen, the Act of May 8th, 1854, P. L. 644, Section II, says: The word citizen used in the eleventh section o…
