Last Updated on November 28, 2024
Divorce laws in PA are established at the state level and governed by the Pennsylvania Consolidated Statutes Annotated, Title 23, Part IV. Nevertheless, specific requirements regarding forms, attendance of parenting classes or mediation sessions, residency, or general filing procedures may differ from county to county.
In this article, we will examine the divorce regulations in Berks County, including its general requirements, grounds, main steps, and forms. Besides, we’ll discuss court fees related to marriage dissolution and locations where you can file for divorce.
What Are the Requirements for Divorce in Berks County?
A couple should meet specific conditions before they can end their marriage in Berks County. Meeting divorce residency requirements is perhaps the most important one. In most parts of the United States, it is impossible to move to another state and file right away since the court cannot have jurisdiction over non-residents’ cases.
Pennsylvania residency laws are regulated under 23 Pa.C.S.A. § 3104. According to it, either spouse must have lived in the state for at least 6 months to be eligible to initiate the divorce process in PA.
A spouse starting the divorce case, a plaintiff, must file the papers in the court of the county where:
- A defendant resides;
- A plaintiff resides if their spouse is not a state resident;
- Both lived as a married couple if a plaintiff has continuously resided here;
- Neither spouse lives, but where they both agree to file.
Understanding No-Fault Divorce in Pennsylvania
In a no-fault case, neither spouse needs to accuse the other or prove their misdoing that caused the marriage breakup. No-fault grounds allow filing for an uncontested divorce if both spouses can agree on all the divorce-related issues.
23 Pa.C.S.A. § 3301 provides three possible grounds for a no-fault divorce:
- Mutual Consent – the marriage is irretrievably broken; each spouse has filed an affidavit consenting to the divorce; at least 90 days have passed since the Complaint was filed.
- Irretrievable Breakdown – the divorce Complaint states that the marriage is irretrievably broken; a plaintiff filed an affidavit stating that they’ve lived separate and apart from their spouse for at least one year; a defendant doesn’t deny the assertions in the affidavit, or a judge determines that those assertions are true.
- Institutionalization – one spouse has been confined in a psychiatric institution for at least 18 months immediately before the start of the divorce case; there’s no reasonable prospect that they will be discharged from inpatient care during the next 18 months.
How to File for Divorce in Berks County?
To file for divorce in Berks County, you will have to take the following steps:
- Step 1. Preparing Paperwork. Conduct research to know which forms are required for your specific situation, obtain them, and fill them out accurately and attentively.
- Step 2. Filing the Complaint. Print out the initial set of papers, make copies, and submit them to the local Family Court.
- Step 3. Paying Fees. A plaintiff initiating the case must pay court fees. After the payment is made, the clerk will give you the time-stamped copies of your documents.
- Step 4. Serving the Defendant. Notify the other party about the commenced divorce process by delivering the documents to them within 30 days of filing the Complaint or 90 days if they live outside the state.
- Step 5. Waiting Period. Pennsylvania law imposes a 90-day waiting period from filing a Complaint in mutual consent divorces.
- Step 6. Finalizing the Divorce. Once the waiting period is over, the parties have to file the final set of divorce papers, including an Affidavit of Consent and a Waiver of Notice, within 30 days of signing them. The divorce will be finalized, and the parties will be officially named single once the judge signs the Decree.
Required Berks County Divorce Forms
Here is the list of forms usually required for filing a divorce in Berks County:
- Complaint in Divorce. This primary form contains details about the parties and their marriage, a request to grant a divorce, its reason, and the party’s requests. Two different forms exist for cases with and without minors involved.
- Verification. This form proves the truthfulness of the information included in the Complaint and should be signed by a plaintiff in the presence of a notary.
- Certificate of Compliance. A certificate that proves compliance with the provisions of the Case Records Public Access Policy is one of the mandatory documents one must file with any other filed paper.
- Notice to Defend. This kind of Summons notifies the defendant that they have been sued in court, and if they do not take prompt action, the default judgment will be made.
- Acceptance of Service. This document proves to the court that the defendant has accepted the service of the divorce papers.
- Certificate of Service. A certificate that must be attached to any other filed paper proves that the plaintiff has served divorce papers on the defendant.
- Affidavit of Consent. This document proves that both parties are willing to end their legal relationship.
- Praecipe to Transmit the Record. In this form, a plaintiff asks to send the divorce case records to the judge.
- Decree in Divorce. This document finalizes divorce and includes court orders regarding property rights, child custody, visitation rights and procedures, etc.
Berks County Divorce Filing Fees
Divorce filing fees in Pennsylvania may range from around $150-$330 and vary from county to county. You can check the exact fees in advance in the county court where you are going to file. In some cases, when spouses can’t afford to cover the fees, they can be excused from paying them if they ask the court to continue In Forma Pauperis (IFP).
The Berks County district clerk filing fees can be paid online via an e-Pay System or with a money order, credit card, or debit card. If the court does not accept an IFP petition, a plaintiff will have a certain number of days (normally 10) from the moment the notification of denial was received to cover the fees.
Divorce Courts in Berks County, Pennsylvania
It may cause a lot of confusion if a couple doesn’t know where to file divorce papers in Berks County. To make sure you’re on the right track, check the information below on the county court dealing with family law cases. You may contact a Berks County Court, PA, to clarify the details related to the divorce process.
| Court Name: | Berks County Family Court |
| Court Title: | Berks County Family Court, Pennsylvania |
| Court Location: | 633 Court Street Reading, PA 19601 |
| Court Phone: | 610-478-6208 |
| Court Hours: | 8am-5pm |
| Filing Fees: | Will vary depending on complexity of the divorce case. |
| Party Titles: | Plaintiff and Defendant (Plaintiff is the filing spouse) |
| Initial Document Filed: | Complaint for Divorce |
| Court/County Website: | www.co.berks.pa.us |
| Court Location Map: |