Going through a divorce is never simple, but understanding the legal process can make it more manageable. If you’re considering filing for divorce, it’s important to know how it works in Pennsylvania and what to expect in Berks County specifically.
Divorce can intersect with several other legal matters like child custody and Protection from Abuse (PFA) orders. If you’re facing a complicated divorce, the LLF Law Firm’s Family Law Team is here to help you navigate every step. Call 888-535-3686 or send us your information via our contact form.
The Divorce Process in Pennsylvania
Before a couple can begin the divorce process in Pennsylvania, at least one spouse must have lived in the state for six months or more. Divorce filings are handled through the Court of Common Pleas in the county where either spouse resides. The Berks County Court of Common Pleas is located at 633 Court St., Reading, PA 19601.
There are several ways a divorce can proceed in Pennsylvania, depending on the circumstances and whether both spouses agree to end the marriage. The law allows for both “no-fault” divorces and “fault-based” divorces, each with different requirements and timelines.
No-Fault Divorce
No-fault divorces are the most common and generally the most straightforward. There are two paths to pursue: Mutual consent, divorce, and two-year separation.
- Mutual Consent Divorce
This option is for spouses who agree that the marriage is over and want to move forward amicably:
- One spouse (the plaintiff) files for divorce and serves the other spouse (the defendant).
- A mandatory 90-day waiting period begins after the complaint is served.
- During the waiting period, both spouses can work out agreements regarding property division, child custody, child support, spousal support, and alimony.
After 90 days, both parties submit signed consent forms and their final agreement. If everything is in order, the court can finalize the divorce without a hearing.
- Two-Year Separation Divorce
If one spouse refuses to agree to the divorce, the other spouse can still proceed under this no-fault option:
- The couple must have lived apart for at least two years.
- After two years apart, the spouse seeking the divorce can file and claim the marriage is irreparably broken.
- The other spouse will be served with the claim. If they do not object or file a counterclaim, the court can finalize the divorce even without mutual agreement.
Fault-Based Divorce
While less common today, Pennsylvania still recognizes fault-based divorces, which require one spouse to prove that the other engaged in specific types of misconduct. Valid grounds include:
- Adultery
- Abandonment for more than a year
- Cruelty or abuse
- Bigamy
- Imprisonment for two or more years
- Institutionalization for a serious mental disorder lasting 18 months or more
The spouse filing for fault-based divorce must also show they are not guilty of similar misconduct, which can make fault cases more difficult and time-consuming.
Divorce in Berks County
In Berks County, the Family Court, part of the Court of Common Pleas, hears cases related to family matters such as divorce, child custody, child support, division of marital property, alimony, and PFAs.
The county offices, courts, and agencies that you will most likely interact with when going through a divorce in Berks County are:
All are located at the Berks County Courthouse at 633 Court St., Reading, PA 19601. The Prothonotary’s Office is on the second floor, and the Domestic Relations Section is on the sixth floor. Any proceedings, such as hearings, will happen at Berks County Family Court, and civil actions, such as divorce filings or custody complaints, have to be submitted at the Prothonotary’s Office. The Domestic Relations Section primarily deals with spousal and child support.
Child Custody and Divorce
Divorce cases often involve more than just divorce. There are other overlapping issues like child custody and child support. If you and your spouse are divorcing and you have children together, you can come up with your own agreement on custody and visitation. However, if you can’t agree, then the Family Court will have to intervene.
The court looks at several factors in custody cases, including:
- Any history of abuse by a parent or household member
- Involvement in parental duties
- Attempts by one parent to alienate the child from the other parent
- The stability each parent can provide for the child’s education and family life
- The child’s relationships with siblings
- Each parent’s capacity to address the child’s physical, emotional, and educational needs
- The mental and physical health of both parents
- Any history of substance abuse
- Involvement of extended family in the child’s life
Child custody complaints are filed in the same office that handles divorce in Berks County (the Prothonotary’s Office). It’s important to note that while divorce proceedings address the termination of the marital relationship, custody proceedings focus on determining the most suitable living and decision-making arrangements for the children involved.
Integrated Proceedings
In Berks County, divorce and child custody matters are often handled concurrently to streamline the legal process and reduce the emotional and financial strain on the family. Doing both at the same time allows for more consistent and comprehensive resolutions that address both the dissolution of the marriage and the future well-being of the children.
Both divorce and child custody are complex legal processes. If you’re going through either one or both at the same time, it can feel extremely overwhelming. The LLF Law Firm can handle all aspects of your divorce proceedings, including concurrent child custody complaints. Our Family Law Team helps families throughout Berks County and across Pennsylvania, and we’re ready to provide you with the legal support and guidance you need.
Protection from Abuse (PFA) and Divorce
Navigating a divorce in Berks County can be particularly challenging when domestic violence is concerned. For victims of abuse, obtaining a PFA order can provide some legal protection. For those accused of domestic abuse, a PFA can have a significant impact on the divorce proceedings.
A PFA is a civil court order designed to protect victims of domestic violence, sexual assault, and stalking from further abuse. During divorce proceedings, emotions can escalate, sometimes leading to threatening or abusive behaviors. In these instances, a PFA can:
- Prohibit contact between the alleged abuser and the victim
- Grant temporary custody of children to the non-abusive parent
- Require the alleged abuser to vacate the shared residence
Impact of a PFA on Divorce Proceedings
A PFA can significantly impact divorce proceedings, especially concerning child custody and property division. Courts may consider the existence of a PFA when determining custody arrangements, often favoring the safety of the child and the non-abusive parent. Additionally, a PFA may influence decisions regarding the division of shared assets and spousal support.
PFA Eligibility
In Pennsylvania, PFAs are available to individuals who have specific relationships with the alleged abuser, including:
- Current or former spouses
- Parents who share a child
- Current or former intimate partners
- Family members related by blood or marriage
- Individuals who have cohabitated as spouses
Filing for a PFA Amid Divorce Proceedings in Berks County
To file for a PFA in Berks County, go to the PFA Office at the Berks County Courthouse:
- 1st Floor Services Center, 633 Court Street, Reading, PA 19601
- 610-478-6208 ext. 5701 / ext. 5702
- Filing hours from 8:00 a.m. to 2:00 p.m., Monday through Friday
After filing, a temporary PFA may be granted, lasting until the final hearing, typically scheduled within ten business days. At the final hearing, the court may issue a final PFA effective for up to three years.
Violating a PFA During a Divorce
Violating a PFA during divorce proceedings in Berks County, Pennsylvania, can have significant legal and personal repercussions. In Pennsylvania, breaching a PFA order is considered indirect criminal contempt. If found guilty, the violator may face:
- Fines: Between $300 and $1,000.
- Incarceration: Up to six months in jail
- Probation: Supervised probation for up to six months
Unfortunately, domestic violence is still a major issue in Pennsylvania. It plays a role in some divorces, too, and the courts will consider it when deciding how to proceed. If you are going through a divorce and you or your spouse is trying to get a PFA, you should seek counsel from the LLF Law Firm’s Family Law Team. We help families deal with complex issues like these and can ensure that you either have the protection you need or that your rights are upheld during the divorce.
The LLF Family Law Team Can Help with Your Divorce in Berks County
Divorce is never easy, especially when it involves related issues like child custody or domestic abuse. The legal process can be overwhelming, emotionally draining, and full of high-stakes decisions that impact your future and your family. If your divorce involves complex disputes and safety concerns, the LLF Law Firm’s Family Law Team is here to help.
We handle divorce and family law matters in Berks County, guiding families through each step with clarity, compassion, and confidence. We can help you with filing for divorce, negotiating custody arrangements, or navigating a PFA. We can also represent you in Family Court. Our team is committed to protecting your rights and advocating for the best possible outcome for you and your children. Let us help you move forward—stronger, supported, and prepared for the next chapter.
Call 888-535-3686 to set up a consultation. You can also leave us your contact information, and a member of our team will get back to you.