Find Berkshire County Dissolution of Marriage Records
Berkshire County dissolution of marriage records are maintained at the Probate and Family Court at 44 Bank Row in Pittsfield. The court holds divorce case files, decrees, and filings for all towns in the county. You can search divorce records in person, by mail, by phone, or by email. Historic dissolution of marriage records from 1761 to 1865 are held at the Judicial Archives in Boston, while records after 1865 remain at the Pittsfield courthouse.
Berkshire County Overview
Berkshire County Probate and Family Court
All dissolution of marriage cases in Berkshire County go through the Probate and Family Court at 44 Bank Row in Pittsfield. The court processes new filings, keeps case records, and provides certified copies of divorce decrees and other documents. Judge Richard A. Simons presides over the court and Register Anthony P. Patella manages the clerk side and all record-keeping. Court hours are Monday through Friday, 8:30 AM to 4:00 PM.
The virtual registry is available on Monday, Wednesday, and Friday from 9:00 AM to 12:00 PM for those who cannot come in person. Parking near the courthouse is limited. Municipal lots are available on First, West, Depot, and Summer Streets near the courthouse. The Berkshire Regional Transit Authority (BRTA) serves the area and can be reached at (413) 499-2782. The court strongly recommends using email at berkshireprobate@jud.state.ma.us to contact staff or request records.
One notable fact about Berkshire County: the oldest divorce records, covering 1761 through 1865, are not at the Pittsfield courthouse. Those older records are held by the Judicial Archives in Boston. For cases from 1866 forward, the Pittsfield court has the files.
| Court | Berkshire County Probate and Family Court |
|---|---|
| Address | 44 Bank Row Pittsfield, MA 01201 |
| Phone (Register) | (413) 442-6941 |
| Phone (Probation) | (413) 443-9469 |
| Relay | 711 (MassRelay) |
| berkshireprobate@jud.state.ma.us | |
| Hours | Monday through Friday, 8:30 AM to 4:00 PM |
| Virtual Registry | Monday, Wednesday, Friday, 9:00 AM to 12:00 PM |
| Judge | Hon. Richard A. Simons |
| Register | Anthony P. Patella |
| Website | mass.gov - Berkshire Probate Court |
Search Berkshire County Divorce Filings
You can look up Berkshire County divorce records online for free through the state's MassCourts case search system. Go to masscourts.org, choose Berkshire County Probate and Family Court, and search by name or case number. The system shows basic case info, party names, and docket history. Some records have access limits, so an in-person visit may be needed to see the full file.
To get copies by mail, complete the PFC-18 form and send it with payment to 44 Bank Row, Pittsfield, MA 01201. Mail requests typically take 5 to 10 business days after the court gets your form and payment. The court also accepts requests by email at berkshireprobate@jud.state.ma.us, which they strongly recommend. Phone requests go to (413) 442-6941.
For the oldest Berkshire County divorce cases, the Judicial Archives in Boston holds records from 1761 to 1865. You can learn how to access those at mass.gov/historic-divorce-records. For everything after 1865, the Pittsfield court has the files. The court docket search tool at mass.gov is free and works for newer cases.
Berkshire County Divorce Filing Fees
Berkshire County follows the statewide fee schedule for all Probate and Family Courts in Massachusetts. Fees are the same no matter which county you file in.
A joint petition for dissolution of marriage under Section 1A costs $215 to file. A complaint for divorce under Section 1B costs $280. Certified copies of divorce decrees and other court documents cost $20 each. The court does not take personal checks. Pay by attorney's check, money order, bank certified check, or cashier's check. Make payment out to "Commonwealth of Massachusetts."
If paying the filing fee is a hardship, ask the court for an Affidavit of Indigency form. File it along with your divorce papers. A judge reviews the request. If approved, the filing fee is waived. All forms, including the fee waiver, are free at mass.gov. The Trial Court Help Line at 1-833-912-6878 can walk you through the fee waiver process and help with other questions about your case.
How Dissolution of Marriage Works in Berkshire County
Divorce cases in Berkshire County follow state law under M.G.L. Chapter 208. Every document filed in the case becomes part of a permanent record kept at the Pittsfield courthouse.
You must meet the residency requirement before you can file. Under Section 5, if the grounds for divorce arose outside Massachusetts, at least one spouse must have lived in the state for one full year before filing. If the cause arose within Massachusetts, you can file without waiting. File at Berkshire County court if you or your spouse lives in one of the county's 32 towns.
Massachusetts offers two no-fault options. Under Section 1A, both spouses file a joint petition with a signed separation agreement. Both parties must agree on all issues, including property, debt, children, and support. Under Section 1B, one spouse files a complaint alone. The other spouse is served and may respond. Section 1B cases can be contested, which usually takes longer. The court may issue temporary orders for support or custody while a case is pending.
Nisi Period: Berkshire County divorces are not final when the judge signs the judgment. Under M.G.L. c. 208, § 21, a 1A joint petition waits 120 days and a 1B complaint waits 90 days before the divorce becomes absolute. The case record is not complete until this period ends.
Property division follows the 15-factor test in Section 34. Alimony orders are governed by Section 37. Financial statements filed in every Berkshire County divorce case are automatically sealed under Rule 401 and are not accessible to the public.
Berkshire County Probate and Family Court accepts filings through the state's eFiling system. See mass.gov/efiling for instructions.
What Berkshire County Divorce Records Show
A Berkshire County dissolution of marriage case file can contain many documents depending on how complex the case was. The complaint or joint petition starts the file. It names both spouses, states the grounds for divorce, lists any children, and sets out what the filing party is asking the court to do. A financial statement from each spouse goes in next. Those statements are sealed under Rule 401 and not available to the public.
The most-requested document is the judgment of divorce nisi. This court order ends the marriage once the nisi period expires. It covers the division of all marital property and debt under the terms of Section 34, any custody and visitation arrangement, child support amounts, and alimony if ordered. Banks, pension plan administrators, the Social Security Administration, and the Registry of Motor Vehicles all want a certified copy of this judgment for various purposes. You get certified copies from the Register of Probate.
Most dissolution of marriage records at the Berkshire County courthouse are public. Anyone can request copies, not just the parties to the case. Records about minor children and financial statements have restricted access. Visit mass.gov for a full explanation of what you can request and how.
Legal Resources for Berkshire County
Western Massachusetts Legal Services serves Berkshire County residents and provides free civil legal help to people who qualify based on income. Family law matters including dissolution of marriage are part of what they handle. Call (413) 781-7814 to learn about services and eligibility.
MassLegalHelp at masslegalhelp.org is a free online resource with guides for people filing divorce without a lawyer in Massachusetts. It covers both 1A and 1B processes in plain language. The Trial Court Help Line at 1-833-912-6878 is available Monday through Friday and can answer questions about court procedures and forms. Court forms for all Probate and Family Court filings are free at mass.gov.
The two ADA contacts for the court are Karen Lacey at (413) 445-0622 or karen.lacey@jud.state.ma.us and Xiomara Hernandez at (413) 445-0634 or xiomara.hernandez1@jud.state.ma.us. Contact either of them if you need accommodations to access the courthouse or court records.
Cities and Towns in Berkshire County
Berkshire County has 32 cities and towns. All residents file dissolution of marriage cases at the Berkshire County Probate and Family Court in Pittsfield. None of the county's communities currently meet the 100,000-population threshold for a dedicated city page on this site.
Berkshire County communities include Adams, Alford, Becket, Cheshire, Clarksburg, Dalton, Egremont, Florida, Great Barrington, Hancock, Hinsdale, Lanesborough, Lee, Lenox, Monterey, Mt. Washington, New Ashford, New Marlborough, North Adams, Otis, Peru, Pittsfield, Richmond, Sandisfield, Savoy, Sheffield, Stockbridge, Tyringham, Washington, West Stockbridge, Williamstown, and Windsor. All divorce filings go to 44 Bank Row, Pittsfield.
Nearby Counties
These counties are near Berkshire County. Make sure you file your divorce case in the correct county based on where you or your spouse lives.