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STOTTLEMYER v. STOTTLEMYER

458 Pa. 503 (1974)

Stottlemyer, Appellant, v. Stottlemyer.

Supreme Court of Pennsylvania.

December 5, 1974.

Attorney(s) appearing for the Case

Alan N. Linder, with him Eugene F. Zenobi, J. Richard Gray, and Tri-County Legal Services, for appellant.

Daniel L. Carn, for appellee.

J.J. Blewitt, Deputy Attorney General, Commonwealth of Pennsylvania, for amicus curiae.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION BY MR. JUSTICE POMEROY, December 5, 1974:

The Pennsylvania Divorce Law requires that at least one of the parties to a marriage shall have been a "bona fide resident" of the Commonwealth for a period of one year before either party may bring an action for divorce.1 This appeal raises the question whether such a residency requirement is valid under the Constitution of the United States.

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