How to File for Divorce in Berks County: Steps and Costs

A divorce in Berks County starts when one spouse files a divorce complaint with the Prothonotary, the civil court clerk on the 2nd floor of the Berks County Courthouse at 633 Court Street in Reading, and pays the fee the Prothonotary's fee bill lists at $250. If both spouses consent, the court can enter the decree on paper, with no hearing, as soon as 90 days after the complaint is served; if one spouse will not sign, the other can finish after the two have lived apart for one year.

This guide covers the divorce itself: ending the marriage. Property division, alimony, custody, and support are separate claims with their own rules, and the court's divorce page warns that the process "may include many important rights including financial and property rights that you could lose if the divorce is not handled properly." Child and spousal support are never filed in the divorce; by state rule they go to Domestic Relations (see our child support guide). The county recommends a lawyer, and court staff cannot "give you legal advice, tell you which form(s) you should file or help you fill out/complete the forms," the self-help page says. This guide describes the process; it is not that advice.

Who can file, and on what grounds

Under the Divorce Code, at least one spouse must have been "a bona fide resident in this Commonwealth for at least six months immediately previous to the commencement of the action," and the venue rule allows filing in the county where either spouse lives. The grounds for divorce fall into two groups. The no-fault grounds, which say the marriage is "irretrievably broken," are the ones the statewide forms cover:

• Mutual consent, § 3301(c)(1). Both spouses sign an Affidavit of Consent after 90 days have passed. Consent is presumed under § 3301(c)(2) when one spouse has been convicted of a personal injury crime against the other.
• One year apart, § 3301(d). One spouse files an affidavit that the couple has "lived separate and apart for a period of at least one year." The other can deny it, but if the court finds the separation is real, the divorce proceeds. The period was two years for separations that began before December 5, 2016, the state courts' forms page notes.

The fault grounds in § 3301(a), such as adultery and desertion, require a hearing on the evidence, and under § 3301(e) the court grants a divorce on no-fault grounds "without requiring a hearing on any other grounds."

What it costs

The Prothonotary's fee bill, effective September 28, 2026, lists a "Divorce/Annulment Complaint with one count" at $250, plus $60 for each additional count, a count being a separate claim raised in the same complaint, such as equitable distribution or alimony. The Praecipe to Transmit, the paper that asks the court for the decree, is $100. A Divorce Hearing Officer Fee of $1,015, raised by Court Order 26-11 of May 6, 2026, is paid when a party files the motion to appoint a hearing officer in a contested case. Smaller lines: $25 to reinstate a complaint, $10 to certify a copy of the decree, and $45 for a Notice to Resume Prior Surname. Checks are payable to "Prothonotary of Berks County"; paper filings carry a $1 "Conversion Fee" for documents not e-filed; credit and debit cards, online or at the counter, carry a processor fee of $1 or 3 percent, whichever is more, which "the Prothonotary cannot refund." A returned check costs $50; the bill cites County Resolution 325-2025 and the Prothonotary's page cites 324-2025, but the $50 figure is the same in both. The office "will not accept for filing any suit or action ... unless the proper fee is submitted." One trap: the Family Court self-help page's "current Prothonotary Fee Bill" link returns a not-found page; use the link on the Prothonotary's own page. The two routes trade fees: a paper filing adds the $1 conversion fee per document and can be paid by check, while e-filing avoids that fee but the CourtPro registration guide says the filer "enters payment via credit card (if applicable)," which carries the processor's $1-or-3-percent fee, $7.50 on a $250 complaint. On the bill's figures, paper plus a check is the cheaper way to file the complaint, and e-filing saves money only on documents with no fee.

If you cannot afford the fees, Pennsylvania's rules let you ask to proceed in forma pauperis, the legal term for a person without the means to pay. Berks County posts an IFP packet for Family Court cases, a verification of income and expenses, signed under the penalties for unsworn falsification, plus a proposed order; the state courts post a statewide version. The judge may rule on the paper or hold a hearing.

The forms

Berks County has no divorce packet of its own. Its self-help page sends self-represented filers to the Unified Judicial System's representing-yourself pages, where the Divorce Proceedings page posts a set of forms for each no-fault route, from the Notice to Defend and Divorce Complaint through the Final Praecipe to Transmit Record and a proposed decree. The page says to "print each form and take it to the designated office in your county courthouse." One stale line: the instructions on Form 1 still say it is for couples "separated for two years or more (3301d)," while the page itself and the affidavit form apply the one-year period to separations that began on or after December 5, 2016. Three Berks additions: file the county's Family Court Cover Sheet "with all Custody and Divorce filings"; use the county's own Notice to Defend and Claim Rights, captioned IN DIVORCE and already filled in with the Prothonotary's address and the bar association's referral line; and put the word DIVORCE in the caption, as local rule 1920.3 requires.

The complaint is short. Under Pa.R.C.P. 1920.72 it gives both spouses' names and addresses, the six-month residence, the date and place of the marriage, any prior divorce action, and the statement that the marriage is irretrievably broken. The Notice to Defend on the front warns the other spouse that a claim for alimony, property division, or lawyer's fees not made "before a divorce or an annulment is granted" may be lost.

Step by step: an uncontested divorce

1. Choose the route. Mutual consent needs both signatures 90 days after service; the one-year route needs one signature and a year apart. The complaint form is the same.
2. Fill out the complaint, the Family Court Cover Sheet, and, if you have no lawyer, the Self Represented Party Entry of Appearance.
3. File at the Prothonotary's Office with the fee, by mail or in person. Whether you can file online instead is a question the county's own documents answer two ways. The self-help page says documents "can be filed by mail or in person at the Prothonotary's Office," that lawyers can e-file, and that self-represented litigants "will be permitted or required to electronically file those documents after August 1, 2026 - Notice accordingly will be posted on the Prothonotary's website." The Prothonotary page announces a new CourtPro system for "Attorneys and other authorized users," and its linked registration guide, dated September 24, 2026, says the system "allows electronic submission of filings for both attorneys and pro-se litigants" and "You can register as an Attorney, or Pro-se." The same page still links a 2019 list of filings that cannot be e-filed, which opens with "ALL FILINGS BY PRO SE PARTIES ARE NOT AVAILABLE FOR EFILE." Paper filings carry the fee bill's $1 conversion fee. Call 610-478-6970 before assuming you can file online.
4. Serve your spouse within 30 days. Pa.R.C.P. 1930.4 allows first-class plus certified mail, restricted delivery with a return receipt, or hand delivery by a sheriff or another competent adult, not "by you or a person related to you," the state's forms page says. A spouse may instead sign an acceptance of service. File the matching affidavit of service. If the 30 days run out, the Prothonotary reinstates the complaint on a praecipe, for $25.
5. Establish grounds. Under Pa.R.C.P. 1920.42, mutual-consent spouses each sign an Affidavit of Consent "90 days or more after service of the complaint" and file it within 30 days of signing; once filed it can be withdrawn only by court order. On the one-year route, one spouse files the § 3301(d) affidavit and serves it with a blank counter-affidavit; the other has 20 days to deny the separation date or the statements are "deemed admitted."
6. Give notice of the praecipe. Unless both sign a Waiver of Notice, the filing spouse serves a Notice of Intention to File the Praecipe to Transmit Record, with a blank counter-affidavit, the proposed praecipe and, under Berks local rule 1920.42, the proposed decree, then waits at least 20 days. The notice warns that the counter-affidavit "alone does not protect your economic claims"; a spouse who wants property or alimony must file those claims in writing by the date on the notice.
7. File the Praecipe to Transmit Record with a proposed decree, a certificate of addresses, the praecipe fee, and, if your spouse never appeared, the Affidavit of Non-Military Service. Family Court Administration's practice tips say to leave the decree's date blank for the judge.
8. The file is reviewed. Under local rule 1920.42(e), a compliant file gets a decree "in the normal course"; a defective one comes back with a list of defects and 60 days to fix them, after which "a new praecipe to transmit the record together with the administrative fee will be required." The Prothonotary "e-mails or snail mails notice" of every decree to the parties or their lawyers.

In the ordinary case none of these steps requires a court appearance, but three things can draw one: a counter-affidavit denying the separation, an in forma pauperis petition, and a record showing the spouses still live together, which under Berks local rule 1920.93 lets the court "conduct a hearing and issue such order or decree as it deems appropriate." A plaintiff who changes course before grounds are established can discontinue by praecipe under Pa.R.C.P. 1920.17, provided no equitable-division or custody claim is pending and the defendant has filed no counterclaim or petition; the county posts a praecipe to withdraw packet.

If property or alimony is in dispute

Equitable distribution, the court's power under § 3502 to divide marital property "without regard to marital misconduct," and alimony, awarded "only if it finds that alimony is necessary," must each be raised as a claim before the decree. Once raised, Pa.R.C.P. 1920.33 requires each side to file an inventory of assets and debts as of the separation date, the second within 20 days of the first; alimony claims add tax returns, pay stubs, and income and expense statements under Rule 1920.31.

After grounds are approved, a party moves for a hearing officer, whom Berks's local rules still call a Divorce Master: a lawyer appointed by the court to hear testimony and write a report and recommendation. Local rule 1920.51.4 requires 20 days' notice of the motion, and the court "may delay the appointment" if, among other gaps, the motion does not say discovery is complete. Under rule 1920.51.5 the moving party pays, when filing the motion, "an amount set by the President Judge," which the master "has the discretion to apportion" between the spouses in the report; the fee bill's only matching line is the $1,015 Divorce Hearing Officer Fee. The master gives 25 days' notice of the hearing to an unrepresented party and files the report within 30 days of the last hearing. Berks has certified that it follows Pa.R.C.P. 1920.55-2: either side may file exceptions within 20 days, and whoever files them must order the transcript within 10 days or see them dismissed. A judge then hears argument and enters the decree. Local rule 1920.94 allows bifurcation, a decree entered while economic claims stay open.

Counseling

When a spouse asks, § 3302 requires the court to order up to three counseling sessions within the 90-day consent period, but never over the objection of a spouse who holds a protection from abuse order against the other. Berks local rule 1920.45 requires a written motion. Family Court posts a Divorce Counselor List on its resources page, and the Berks Notice to Defend says the list is also available at the Prothonotary's counter.

How long it takes

The rules set floors, not ceilings. A mutual-consent divorce cannot be decreed sooner than 90 days after service, plus the 20-day notice period unless both spouses sign waivers, plus the court's review; the one-year route needs the year apart first. Contested claims add the inventory deadlines, the master's hearing, and the exceptions period. The practice tips note that decrees sometimes "don't get signed until the month after you submit them."

After the decree

The decree form tells both spouses to "reaffirm or change the beneficiary status" on life insurance, annuities, and pensions, because divorce can revoke a spouse's designation. A spouse who wants a former name back files a Notice of Intention to Resume Prior Surname with the Prothonotary ($45), which also certifies copies of the decree ($10) and keeps the divorce dockets.

Getting help

The county's self-help page lists two routes. MidPenn Legal Services, 35 North Sixth Street, Mezzanine Suite 101, Reading, represents eligible lower-income residents at no fee; apply at 1-800-326-9177, where intake is open 8:30 a.m. to 3:30 p.m., or call the Reading office at 610-376-8656. The Berks County Bar Association's Lawyer Referral Service, 544 Court Street, 610-375-4591, lists "Divorce (Uncontested)" among the case types in its Modest Means Program, which offers "a discounted rate" to applicants "whose total income exceeds legal aid standards by 75%," with income screening by MidPenn. If there is abuse in the marriage, Safe Berks (610-373-1206; hotline 844-789-7233) is on the court's referral list, and our PFA guide explains protection orders.

FAQ

How much does it cost to file for divorce in Berks County?

The Prothonotary's fee bill effective September 28, 2026 lists $250 for a one-count complaint, $60 for each additional count, and $100 for the praecipe that asks for the decree, so an uncontested divorce with no other claims costs $350 in filing fees, plus the $1 conversion fee on each paper filing and the cost of serving your spouse. A contested case that goes to a hearing officer adds a $1,015 deposit, paid by the party who files the motion. People who cannot pay can file the county's in forma pauperis packet and ask a judge to waive the fees.

How long does a divorce take in Pennsylvania?

Mutual consent allows a decree no sooner than 90 days after the complaint is served, plus a 20-day notice period unless both spouses waive it. The one-year route requires a full year apart before the affidavit is filed. Disputes over property or alimony add months.

Can I get divorced in Berks County if my spouse will not sign?

Yes. Under § 3301(d), one spouse files an affidavit that the couple has lived apart for at least a year and the marriage is irretrievably broken. The other has 20 days to file a counter-affidavit denying it; if none is filed, the statements are deemed admitted and the case proceeds to a decree.

Do I need a lawyer to file for divorce in Berks County?

No. The county's self-help page says you are "not required to have a Lawyer," and its divorce page calls one "HIGHLY RECOMMENDED" and warns that self-represented spouses must follow the same rules as lawyers. The statewide forms can be downloaded from the state courts' site; court staff cannot tell you which form to file.

What if I cannot find my spouse?

Service by mail requires a last known address. If a diligent search fails, Pa.R.C.P. 1920.4 and 1930.4 let the court order another method of service by special order and, on the one-year route, waive service of the affidavit. That request goes to a judge, who acts by special order of court.

Sources

• Berks County Prothonotary: address, phone, hours, CourtPro e-filing announcement, notice of decrees, returned-check resolution, current fee bill link.
• CourtPro eFiling with Registration guide, 9/24/2026 and Filings Not Available for E-File, amended 4/01/2019: the two county documents that disagree on self-represented e-filing.
• Prothonotary Fee Bill, effective 9/28/2026: complaint, per-count, praecipe, hearing officer, reinstatement, certified copy and surname fees; conversion fee, card fee, returned-check resolution.
• Family Court: Divorce, Custody and Divorce Self-Help, Family Court home, and Resource Links and Referral Lists: the county's warnings, filing methods, cover sheet requirement, legal-help contacts, counselor list.
• Notice to Defend and Claim Rights, Berks divorce form, Family Court Cover Sheet, IFP Forms and Instructions, Family, Praecipe to Withdraw packet, Family Court Practice Tips, Divorce Counselor List: Berks forms and staff guidance.
• Berks County Rules of Civil Procedure: local rules 1920.3 (caption), 1920.42 (praecipe, administrative fee, 60-day cure), 1920.45 (counseling motion), 1920.51 through 1920.55-2 (Divorce Masters, deposit, notice, exceptions, transcript), 1920.93 (spouses still residing together), 1920.94 (bifurcation).
• Divorce Proceedings, Unified Judicial System and the linked forms: Notice to Defend and Divorce Complaint, Affidavit of Consent, § 3301(d) Affidavit, Final Praecipe to Transmit Record, Affidavit of Service by Certified Mail, Notice of Intention to Resume Prior Surname, In Forma Pauperis petition: the statewide self-represented packet.
• Judicial District Alternative Hearing Procedures: Berks certified under Rule 1920.55-2.
• 23 Pa.C.S. § 3301, § 3302, § 3104, § 3502, § 3701: grounds, counseling, residence, property division, alimony.
• Pa.R.C.P. 1920.2, 1920.3, 1920.4, 1920.12, 1920.17, 1920.31, 1920.33, 1920.42, 1920.45, 1920.46, 1920.51, 1920.55-2, 1920.62, 1920.71, 1920.72, 1920.73, 1920.76, and 1930.4: venue, filing, service, complaint contents, discontinuance, ancillary claims, decrees, counseling, non-military affidavit, hearing officers, exceptions, indigent parties, forms.
• Berks County Bar Association: Find a Lawyer and MidPenn Legal Services locations and home page: referral service, Modest Means Program, legal aid contact and intake hours.

Prothonotary's Office: Berks County Courthouse, 2nd Floor, 633 Court Street, Reading, PA 19601; 610-478-6970; Monday–Friday 8:00 a.m.–4:00 p.m.; closed federal holidays, Good Friday, General Election Day, and the day after Thanksgiving. Family Court Administration: Berks County Services Center, 7th Floor, 633 Court Street, Reading, PA 19601; 610-478-6208, ext. 5770; fax 610-478-4995; Monday–Friday 8:00 a.m.–4:30 p.m. The county's law library, where the local and state rules are kept, is on the 10th floor of the Courthouse.