Gearing v. Gearing

Opinion by

Keller, J.,

It is a jurisdictional requirement of an action of divorce in Pennsylvania that the libellant shall have resided within this Commonwealth for one year previous to the filing of the petition or libel. The appellee, the libellant in the present action, attempted to comply with .this requirement by proof tending to establish a constructive domicile in the state without any actual residence therein. This is not sufficient. Our decisions hold that the residence contemplated by our statutes relating to divorce is a permanent one with domiciliary intent; a temporary residence…