McKenna v. McKenna

MONTGOMERY, Judge:

This appeal raises the novel question of whether a New York resident who has been incarcerated in Huntingdon, Pennsylvania since October 26, 1975, can be considered a bona fide resident of this Commonwealth for the purpose of obtaining a divorce.

Prior to his capture and imprisonment, appellant was a resident of New York state. However, since 1974, he has been in continuous incarceration in Pennsylvania and is presently serving a life sentence. Seeking to divorce his wife, a resident of New Orleans, Louisiana, appellant filed a petition to proceed in forma pauperis in…