Starr v. Starr

Citations

• 78 Pa. Super. 579
• 1922 Pa. Super. LEXIS 163

Syllabus

<p>Divorce — Jurisdiction—Residence of libellant — Practice—Gross libel — Refusal of court to order subpoena.</p> <p>Pennsylvania law and practice does not recognize a cross-libel in divorce. To designate a person, who seeks to obtain a divorce, a “cross-libellant” does not give him or her any greater rights than to designate the applicant a mere “libellant.”</p> <p>Actual residence for one year within this state is an absolute prerequisite for a divorce, and the courts have no jurisdiction of a libel in divorce unless the libellant shall have resided in the State at least one whole year previous to filing the libel.</p> <p>The court below rightly refused to direct a subpcena to be issued upon a libel in divorce, which was designated a cross-libel, where it appeared that the libellant was a resident of Canada, and not of Pennsylvania.</p> <p>Husband and wife — Residence—Domicile-Separate residence of wife.</p> <p>Under normal circumstances, the husband’s domicile determines that of his wife, because her home in fact follows his. It is well settled, however, that a wife has the actual and legal right to establish a separate domicile when illtreated by her husband.</p> <p>“Domicile” is a matter of intention. “Residence” is a physical fact. “Bona fide residence” means residence with domiciliary intent.</p> <p>A wife, who was married in Canada and separated from her husband there, and who still resides there, has not acquired a residence in Pennsylvania by reason of his having moved to that state since the separation.</p>