Stottlemyer v. Stottlemyer

Dissenting Opinion by

Hoffman, J.:

In this appeal, appellant challenges the constitutionality of the one-year residency requirement for divorce actions, as provided for in the Pennsylvania Divorce Law, Act of May 29, 1929, P. L. 1237, Section 16, as amended, 23 P.S. §16.1

On November 16, 1971, appellant filed a Complaint in Divorce in this Commonwealth against her husband. The Complaint specifically alleged that neither party had resided within the Commonwealth for at least one year prior to commencing the divorce action. In fact, the Complaint stated that the parties resided in Illinois from…