An uncontested divorce in PA is a no-fault divorce in which both spouses agree to end the marriage and settle property, support, and custody without a trial. Under 23 Pa.C.S. 3301(c), spouses who both consent can divorce 90 days after the complaint is filed and served. If one spouse will not sign, 3301(d) allows a divorce after one year of separation.
This guide from Sager & Sager Associates explains the two no-fault grounds, what “uncontested” really requires, the current Berks County filing fees, typical attorney fee ranges, and when a simple-looking divorce still needs a lawyer. If you are weighing your options, our Pottstown divorce lawyer page explains how we handle both uncontested and contested cases.
Key Takeaways
- Pennsylvania is a no-fault state. Most divorces proceed under 23 Pa.C.S. 3301(c) (mutual consent) or 3301(d) (one-year separation), with no need to prove wrongdoing.
- Under 3301(c)(1), both spouses must file affidavits of consent after a 90-day waiting period that starts when the divorce complaint is filed and served.
- Act 102 of 2016 shortened the separation period under 3301(d) from two years to one year for separations that began after the law took effect.
- A divorce is “uncontested” only when the spouses agree on grounds, property and debt division, support, and custody. Agreement on the divorce alone is not enough.
- The Berks County Prothonotary charges $250 to file a divorce complaint under the fee bill effective August 1, 2026, plus $100 for the praecipe to transmit and $60 for the decree.
- Uncontested cases typically cost a fraction of contested ones because they involve no discovery, no hearing officer, and no trial.
What is an uncontested no-fault divorce in Pennsylvania?
“No-fault” describes the grounds for divorce. Pennsylvania does not require either spouse to prove adultery, cruelty, desertion, or another fault ground. The spouses simply tell the court the marriage is irretrievably broken. Fault grounds still exist under 3301(a), but they are rarely used because they add cost and delay.
“Uncontested” describes how the case is handled. It means the spouses agree on every issue the court would otherwise decide. When both are true, the case moves on paper, without testimony or a hearing, and the Berks County Court of Common Pleas enters the decree once the required documents are filed.
How does mutual consent divorce work under 23 Pa.C.S. 3301(c)?
Mutual consent is the fastest no-fault route. Under 23 Pa.C.S. 3301(c), the court may grant a divorce when the complaint alleges that the marriage is irretrievably broken, 90 days have passed since the action began, and each spouse has filed an affidavit consenting to the divorce.
The 90-day waiting period
The 90 days run from the filing and service of the complaint. Neither spouse can sign a valid affidavit of consent before the 90 days expire. The waiting period is a cooling-off period built into the statute, and the court cannot shorten it even when both spouses are eager to finish.
The affidavits of consent
After day 90, each spouse signs and files an affidavit of consent and a waiver of notice. Once both affidavits are on file and the property settlement is in place, the filing spouse submits a praecipe to transmit the record and a proposed decree. In Berks County, the Prothonotary forwards the file to a judge, who signs the decree without a hearing.
When one spouse has been convicted of a personal injury crime
Under 3301(c)(2), a spouse’s consent is presumed when that spouse has been convicted of a personal injury crime against the other spouse. The victim spouse does not need the abuser’s signature to proceed under mutual consent.
What if my spouse will not sign? The one-year separation rule under 3301(d)
A divorce can still be a no-fault divorce in PA when one spouse refuses to cooperate. Under 3301(d), the court may grant a divorce when the complaint alleges irretrievable breakdown and an affidavit states that the spouses have lived separate and apart for at least one year.
The Act 102 of 2016 change
Before Act 102 of 2016, the separation period under 3301(d) was two years. The amendment reduced it to one year for separations that began after the law took effect, and every separation starting today falls under the one-year rule. There have been no further changes to 3301(c) or 3301(d) in 2025 or 2026.
“Separate and apart” does not always mean separate homes
Pennsylvania courts have recognized that spouses can live separate and apart under the same roof when they stop living as a married couple. The date of separation matters because it also fixes the date for valuing marital property, so it is often disputed. Documenting the separation date early protects you later.
What happens if the other spouse denies the affidavit
If the non-filing spouse denies that the separation lasted a year or that the marriage is broken, the court holds a hearing. If the judge finds a reasonable prospect of reconciliation, the court continues the case for 90 to 120 days with counseling. If reconciliation does not occur, the court decides whether to grant the divorce.
What does “uncontested” actually require?
Many people assume a divorce is uncontested if both spouses want it. Courts use a stricter definition. For a Berks County divorce to proceed without a hearing, the spouses must resolve all of the following, usually in a written marital settlement agreement.
- Grounds. Both agree to proceed under 3301(c) or the one-year separation under 3301(d).
- Equitable distribution. Division of the house, retirement accounts, vehicles, bank accounts, debts, and personal property. Our page on property division in Pennsylvania explains how courts divide marital property when spouses cannot agree.
- Spousal support and alimony. Whether either spouse will pay, how much and for how long, or a waiver of both.
- Child custody and support. A parenting schedule and child support that follows the Pennsylvania support guidelines.
- Name change. Whether either spouse will resume a prior name.
If any one of these issues is open, the case is contested on that issue even if the divorce itself is agreed. Sager & Sager Associates frequently helps couples turn a mostly agreed divorce into a fully uncontested one by negotiating the remaining points before anything is filed.
How much does divorce cost in PA? Berks County filing fees
Costs fall into two groups: court fees and attorney fees. The court fees are fixed and public. The attorney fees depend on how much the spouses disagree.
Berks County Court of Common Pleas fees (effective August 1, 2026)
The Berks County Prothonotary fee bill lists these amounts for cases filed at the courthouse at 633 Court Street in Reading.
- Divorce complaint with one count: $250.
- Each additional count, such as a claim for equitable distribution, alimony,y or a counterclaim: $60.
- Custody claim raised in the divorce: $30.50 in additional fees.
- Praecipe to transmit the record: $100.
- Final decree: $60.
- Certified copy of the decree: $10.
- Divorce hearing officer, required only in contested economic cases: $1,015, increased by Court Order 26-11 dated May 6, 2026.
A simple uncontested divorce with no custody claim therefore involves roughly $410 in Berks County court fees from complaint to decree. The county notes that fees change with legislative increases and court orders, so confirm the current amounts with the Prothonotary before filing. Spouses who cannot afford the fees can apply to proceed in forma pauperis.
Typical attorney fee ranges
The following ranges are general illustrations of what Pennsylvania family law firms commonly quote, not Sager & Sager Associates’ rates. Every firm prices differently, and the right number for your case depends on its facts.
- Uncontested divorce with a simple settlement: Many firms offer flat fees. Typical ranges run from the low thousands of dollars when there is little property and no children, to somewhat more when a settlement agreement must address a house, retirement accounts, or custody.
- Divorce that starts uncontested but needs negotiation: Hourly billing is common. Costs climb with each round of negotiation, and each issue left unresolved.
- Contested divorce: Discovery, expert valuations, a hearing officer, and possible trial can push fees well into five figures. The $1,015 hearing officer fee alone exceeds the entire court cost of an uncontested case.
The clearest lesson is that conflict, not complexity, drives cost. Two spouses who agree can finish a divorce involving significant assets for far less than two spouses who fight over a small estate.
When does a simple divorce still need a lawyer?
Some couples with no children, no real estate, and no retirement savings can complete a mutual consent divorce with minimal help. Most Berks County couples have at least one of the following, and each one is a reason to have an attorney review the agreement before you sign.
A house or other real estate
Transferring a home requires a deed, a decision about the mortgage, and a plan for the equity. A settlement that says one spouse “keeps the house” without addressing the loan can leave the other spouse liable on a mortgage for a home they no longer own.
A pension, 401(k) or IRA
Retirement accounts are often the largest marital asset. Dividing a pension or 401(k) requires a qualified domestic relations order (QDRO), a separate court order that the plan administrator must approve. Mistakes here are expensive and sometimes impossible to fix after the decree.
A business or professional practice
A business interest must be valued and either divided or offset with other assets. Agreeing to a number without a valuation can cost one spouse a large share of the marital estate.
Children
Custody orders and child support must meet Pennsylvania’s guidelines and serve the children’s best interests. An attorney ensures the parenting plan is enforceable and the support calculation is correct. Our Berks County family law attorney page covers custody and support in more depth.
A significant income gap
When one spouse earns much more than the other, alimony and spousal support are often the most contested issues. Waiving alimony in an uncontested agreement is permanent, so the lower-earning spouse should understand what they’re giving up.
How to Prepare: Advice From Our Attorneys
Sager & Sager Associates has guided clients through uncontested and contested divorces in Berks County, Pottstown, Montgomery County, and Chester County. The steps below help an uncontested case stay uncontested.
- Agree on the separation date and write it down. It controls the 3301(d) clock and the valuation date for marital property.
- Gather financial documents before anyone files. Gather tax returns, pay stubs, mortgage statements, retirement statements, and credit card balances for the past three years.
- List every asset and debt with a current value. Surprises after filing are the most common reason an uncontested case becomes contested.
- Decide who files. The filing spouse pays the $250 complaint fee and later files the praecipe to transmit. The spouses can agree to share settlement costs.
- Use the 90-day waiting period productively. Finalize the settlement agreement during the waiting period so you can file the affidavits of consent and the praecipe the day the period ends.
- Have each spouse review the agreement with their own attorney. One lawyer cannot represent both spouses. Independent review protects the agreement from later challenge.
For what happens after the complaint is filed, including how long a Berks County divorce takes and how equitable distribution works, read our earlier post on filing for divorce in Berks County.
Frequently Asked Questions
How long does an uncontested divorce take in Pennsylvania?
A mutual consent divorce under 23 Pa.C.S. 3301(c) cannot be finalized until 90 days after the complaint is filed and served. After you file both affidavits of consent and the settlement agreement, the decree usually follows within a few weeks, depending on the court’s schedule. Cases under 3301(d) require a one-year separation before the affidavit can be filed.
Is Pennsylvania a no-fault divorce state?
Yes. Pennsylvania permits no-fault divorce under 23 Pa.C.S. 3301(c) by mutual consent and 3301(d) after one year of separation. Fault grounds such as adultery and desertion remain available under 3301(a) but are rarely used because they require proof and add cost.
What is the filing fee for a divorce in Berks County?
The Berks County Prothonotary charges $250 to file a divorce complaint with one count under the fee bill effective August 1, 2026. Additional counts cost $60 each, the praecipe to transmit costs $100, and the final decree costs $60. Fees change periodically, so confirm current amounts with the Prothonotary.
Can we use one lawyer for an uncontested divorce?
No. Pennsylvania ethics rules prevent one attorney from representing both spouses because their interests conflict, even in a friendly divorce. One spouse can hire the attorney who drafts the documents, and the other spouse should have the agreement reviewed independently before signing.
Do we need to go to court for an uncontested divorce in PA?
Usually not. When the spouses file the complaint, affidavits of consent, settlement agreement, praecipe to transmit, and proposed decree, a Berks County judge reviews the file and signs the decree without a hearing. A court appearance becomes necessary only if an issue is contested.
What is the difference between mutual consent and one-year separation?
Mutual consent under 3301(c) requires both spouses to sign affidavits after a 90-day waiting period. One-year separation under 3301(d) lets one spouse obtain a divorce without the other’s signature after the spouses have lived separate and apart for at least one year. Both are no-fault grounds, and both can be uncontested if the spouses resolve economic and custody issues.
Start Your Uncontested Divorce in PA With Sager & Sager Associates
An uncontested divorce in PA is the least expensive and least stressful way to end a marriage, but only when the agreement behind it is complete and correct. Sager & Sager Associates helps Berks County spouses choose between mutual consent and a one-year separation, draft enforceable settlement agreements, and file everything the Court of Common Pleas in Reading requires.
Learn more about how we handle divorce in Pottstown and Berks County, or contact Sager & Sager Associates to schedule a consultation. Call (610) 323-1328 or reach us online to discuss your situation.