Month: January 2026

High Swartz | January 30, 2026

Divorce Mistakes to Avoid When Filing in PA

Filing for divorce can be stressful for anyone. In Pennsylvania, divorce mistakes during filing can delay your case, increase costs, and damage your financial or custody outcome.

Even as filing rates have declined, national data shows that roughly 45% of marriages still end in divorce, highlighting the importance of avoiding common mistakes when navigating the process (Source: Clio Family Law Statistics).

Divorce Rates in Pennsylvania

For families across Bucks, Montgomery, and Delaware Counties, many of the most harmful divorce mistakes come from misinformation, emotional decisions, or rushing the process.

In 2024, Pennsylvania recorded over 27,000 divorces and annulments, including more than 1,000 in both Bucks and Montgomery Counties and nearly 1,000 in Delaware County (Source: Pennsylvania Department of Health, Marriage and Divorce Statistics 2024).

This guide walks through the most common divorce mistakes in Pennsylvania and how to avoid them.

Key Takeaways

  • You must meet Pennsylvania’s six-month residency requirement before filing
  • Follow all service and filing deadlines
  • Be honest about your finances and assets
  • Think long-term before agreeing to a settlement
  • Stay off social media and decision-making when emotions are involved
  • Get legal advice before making any significant moves

Common Divorce Mistakes in Pennsylvania 

Below is a quick overview of some of the most common divorce mistakes in Pennsylvania. It highlights where people go wrong and how to avoid problems that can delay your case or hurt your outcome.

 

Mistake Why It’s a Problem How to Avoid It
Filing before meeting the residency requirement The court can dismiss your case, and you may have to start over Confirm that at least one spouse has lived in PA for six months
Improperly serving divorce papers Your case can stall or be dismissed Follow service rules and file proof of service
Hiding assets or income Courts may penalize you by awarding more property to your spouse Disclose all finances honestly
Rushing into a settlement You may lock in bad financial or custody terms Take time to review all terms carefully
Ignoring tax consequences A fair-looking deal can cost much more later Review tax effects before finalizing
Letting emotions drive decisions Emotional choices often hurt your legal outcome Focus on long-term stability
Using social media recklessly Posts can be used against you in court Keep posts neutral or stay offline
Assuming PA is a 50/50 state You may have unrealistic expectations Understand equitable distribution rules
Failing to separate finances It creates confusion and financial risk Open individual accounts
Forgetting estate plan updates Assets may go to the wrong person Update documents after filing
Trying to handle everything alone Mistakes can follow you for years Get legal advice early

 

1. Failing to Meet Pennsylvania’s Residency Requirement

Before you file for divorce in Pennsylvania, at least one spouse must have lived in the state for six months.

If you file too early, the court can dismiss your case. That divorce mistake wastes time and filing fees.

How to avoid it:
Confirm residency eligibility before submitting any paperwork.

 

Attorney Insight

“One of the easiest mistakes to avoid is filing too early. Pennsylvania has a clear six-month residency requirement, and courts will not overlook it.”

– Shari Gelfont Williams, Family Law Attorney, Partner, High Swartz LLP.

 

2. Missing Deadlines or Improperly Serving Papers

After filing a divorce complaint, a neutral 3rd party must serve your spouse within 30 days if they live in Pennsylvania. If they live out of state, the period is 90 days.

Failing to serve papers correctly can affect your case or lead to dismissal.

Common service mistakes with a divorce include:

  • Missing the service deadline
  • Using improper service methods
  • Failing to file proof of service
  • Forgetting the Acceptance of Service form

How to avoid it:
Use proper service methods and track all deadlines.

 

Attorney Insight

“Procedural errors often delay cases for months. Something like a spouse serving papers to the other spouse can stop a divorce in its tracks.” 

– Shari Gelfont Williams, Family Law Attorney, Partner, High Swartz LLP.

 

3. Hiding Assets or Failing to Disclose Finances

Some spouses try to hide money, underreport income, or leave assets off financial disclosures. Pennsylvania courts take this very seriously.

Financial disagreements play a significant role in divorce. Research shows that nearly 30 percent of Baby Boomers and 41 percent of Gen Xers cite financial issues as a primary reason for their divorce (Source: Institute for Divorce Financial Analysts).

If the court discovers hidden assets, it can penalize you by awarding more property to your spouse.

What counts as hiding assets:

  • Moving money into secret accounts
  • Delaying income deposits
  • Undervaluing property or businesses
  • Leaving retirement accounts off disclosures

How to avoid it:
Disclose all assets and income honestly.

 

Attorney Insight

“Courts do not tolerate hidden assets. If a judge believes someone acted dishonestly, it could backfire and hurt their share of the overall marital estate.”

– Shari Gelfont Williams, Family Law Attorney, Partner, High Swartz LLP.

 

4. Ignoring Tax Consequences

Divorce decisions often carry long-term tax effects.

Examples of this divorce mistake include:

  • Retirement account divisions
  • Sale of the marital home
  • Alimony tax treatment
  • Capital gains exposure

If you ignore taxes, a fair-looking settlement can cost you much more in the long run.

How to avoid it:
Review tax consequences before finalizing any agreement.

5. Rushing Into a Settlement

Some people settle too fast to get it over with. That often leads to regret, not to mention another serious mistake during divorce proceedings.

Once the court enters a final divorce decree, you cannot easily undo the property and support terms.

How to avoid it:
Take time to review all financial and custody terms carefully.

 

Attorney Insight

“Spouses may rush into settlements because they want closure. The problem is that rushed decisions can create financial problems in the future.”  

– Shari Gelfont Williams, Family Law Attorney, Partner, High Swartz LLP.

 

6. Letting Emotions Dictate Decisions

Divorce can create anger, fear, and resentment. Emotional choices often lead to poor legal outcomes.

Common emotional mistakes include:

  • Refusing reasonable compromises
  • Fighting over minor issues
  • Using children as leverage
  • Seeking revenge instead of resolution

How to avoid it:
Focus on long-term stability, not short-term emotions.

 

Attorney Insight

“Emotional decisions feel right in the moment, but they often hurt clients later. The best outcomes come from calm, informed choices.”  

– Shari Gelfont Williams, Family Law Attorney, Partner, High Swartz LLP.

 

7. Using Social Media Recklessly

An often overlooked divorce mistake is using social media. Anything you post online can become evidence.

Photos of vacations, luxury purchases, or dating may hurt your case.

Angry posts about your spouse can damage custody claims.

How to avoid it:
Keep all posts neutral or stay off social media altogether.

8. Assuming Pennsylvania Is a 50/50 State

Pennsylvania follows equitable distribution, not equal distribution.

That means the court divides marital property fairly, not necessarily evenly.

Factors include:

  • Length of the marriage
  • Each spouse’s income and earning power
  • Contributions to the marriage
  • Custody responsibilities

How to avoid it:
Do not assume you will receive exactly half of everything.

9. Failing to Separate Finances

Keeping joint accounts open during divorce can create confusion and conflict.

It also makes it harder to track spending and protect assets.

How to avoid it:
Open individual bank accounts and carefully track shared expenses.

10. Forgetting to Update Estate Planning Documents

After a divorce, outdated documents can lead to assets being distributed to the wrong person.

Documents to review include:

  • Wills
  • Life insurance policies
  • Retirement account beneficiaries
  • Powers of attorney

How to avoid it:
Update all estate planning documents after filing or finalizing your divorce. Working with an experienced divorce attorney will keep you in the know of the steps moving forward and help you avoid this divorce mistake.

11. Trying to Handle Everything Alone

Divorce involves legal rights, financial decisions, and court procedures. One mistake can follow you for years.

Trying to do everything yourself increases the risk of costly errors.

How to avoid it:
Consult a Pennsylvania divorce attorney before filing.

 

Attorney Insight

“Divorce is not just paperwork. It is a legal process with lasting financial and family consequences. Getting advice early can prevent expensive mistakes later.”

– Shari Gelfont Williams, Family Law Attorney, Partner, High Swartz LLP.

 

The Best Way to Avoid Divorce Mistakes

The best way to avoid costly divorce mistakes is simple: talk to an experienced Pennsylvania divorce lawyer near you before you file.

Divorce decisions shape your finances, your parenting rights, and your future stability. Minor missteps early in the process often lead to bigger problems later.

“The earlier people seek legal guidance, the more options they usually have. This advice can prevent mistakes that are difficult or impossible to fix later.”
– Shari Gelfont Williams, Family Law Attorney, Partner, High Swartz LLP.

Divorce Lawyers Serving Bucks, Montco, and Delco

For families across Bucks, Montgomery, and Delaware Counties, working with a trusted legal advisor helps you move forward with clarity and confidence.

Best Lawyers/Best Law Firm® recognizes High Swartz LLP for family law, Metropolitan Tier 1 in Philadelphia. It is also home to multiple family law attorneys who are included on the Best Lawyers in America® List.

Our family law team guides clients through every stage of divorce, from filing to settlement to final decree.

If you are considering divorce in Pennsylvania, a conversation with an experienced divorce lawyer near you can help protect your rights and avoid common divorce mistakes that are difficult to undo.

Doylestown Family Law Office - 215.345.8888

Feasterville-Trevose Family Law Office - 215.354.1100

Norristown Family Law Office - 610.275.0700

Wayne Family Law Office - 610.975.4468

 

 

Frequently Asked Questions About Divorce in Pennsylvania

How long do I have to live in Pennsylvania before I can file for divorce?

At least one spouse must have lived in Pennsylvania for 6 months before filing. If you file too early, the court can dismiss your case.

Do I have to serve my spouse with divorce papers?

Yes. After filing, a neutral 3rd party must serve your spouse within 30 days if they live in Pennsylvania, or 90 days if they live out of state. Improper service can delay or derail your case.

Is Pennsylvania a 50/50 divorce state?

No. Pennsylvania follows equitable distribution. The court divides marital property fairly, not necessarily equally, based on several legal factors.

Can social media really affect my divorce case?

Yes. Posts about spending, relationships, or angry comments about your spouse can be used as evidence in court, especially in custody or support disputes.

What happens if I hide assets during divorce?

If the court discovers hidden assets, it can penalize you by awarding more property to your spouse. Courts take financial dishonesty very seriously.

Tom Gabor | January 22, 2026

High Swartz LLP Welcomes Litigator Samantha Porter to Its Norristown Office

High Swartz LLP is pleased to announce the addition of Samantha Porter, Esq. to its Norristown office. She will join the firm's multi-state litigation and business law practices, with a focus on construction and commercial litigation.

Samantha represents businesses and individuals in commercial disputes and construction litigation matters across the Mid-Atlantic. Her practice includes property damage disputes and insurance coverage litigation involving residential and commercial claims.

Prior to joining High Swartz, Samantha handled insurance coverage and property damage matters across Pennsylvania, New Jersey, and Maryland. She regularly represented policyholders in disputes involving denied or underpaid claims and worked closely with contractors, engineers, and public adjusters throughout litigation.

“I’m looking forward to using my litigation background to help clients across a wide variety of matters. It's very exciting to be a part of a firm with the prestige and history of High Swartz.” - Samantha Porter, Esq.

Samantha brings a strong academic background to the firm. She earned her Juris Doctor from Michigan State University College of Law, graduating cum laude. She later completed a Master of Laws in Taxation, along with a Certificate in International Taxation, from Georgetown University Law Center.

She is admitted to practice law in Pennsylvania, New Jersey, and Maryland, as well as before the United States Tax Court, the United States District Court for the District of Maryland, and the United States District Courts for the Eastern and Middle Districts of Pennsylvania.

High Swartz | January 16, 2026

Estate Planning Checklist

An Estate Planning Checklist is one of the most effective ways to ensure your assets, wishes, and loved ones are protected. Estate planning is an often overlooked aspect of financial well-being, yet it’s among the most crucial preparations for managing and preserving what you’ve built.

Equally important, anyone, not just the affluent, can benefit from an estate plan. Everyone has an estate they cherish and hope to pass on to their loved ones with as little hassle as possible.

To make a good estate plan, hire an experienced estate planning lawyer near you. The attorney can assist with preparing the required documents and ensure your plan complies with Pennsylvania state laws.

Estate Planning in Pennsylvania: Why Local Guidance Matters

Estate planning laws vary from state to state, and Pennsylvania has its own set of rules for wills, trusts, inheritance tax, and probate. Working with a Pennsylvania estate lawyer ensures that your plan meets all state requirements and reflects your personal wishes.

Our estate planning lawyers serve clients across Bucks, Montgomery, Delaware, and Chester Counties. We help families of all sizes prepare the documents they need, from wills and powers of attorney to trusts and living wills. The aim is simple. To protect their loved ones with confidence.

This Estate Planning Checklist can help you get started, but personalized advice from a local attorney ensures that every detail complies with Pennsylvania law and aligns with your long-term goals.

What is an Estate Plan?

An estate plan is a collection of legal documents. They detail how you want your assets handled and distributed upon death or incapacitation.

Those documents go well beyond simply writing a will. They encompass every aspect of your assets, healthcare, and guardianship for minors.

Components of an Estate Plan

At the least, any estate planning checklist must include some of these foundational documents:

  • Will: A legal document stating your wishes regarding the distribution of your assets. It can also include directives for the care of any minor children.
  • Trusts: Legal arrangements allow a third party or trustee to hold assets on a beneficiary's behalf.
  • Durable Power of Attorney: This document allows someone you trust to act on your behalf. They can make financial and legal decisions for you if you cannot.
  • Healthcare Directives: They specify your wishes regarding medical care if you become incapacitated and cannot express your preferences.

Why is an Estate Plan Important?

Estate planning is more than just distributing your assets; it's about ensuring peace of mind for yourself and your loved ones. Here's why it's crucial:

  • Asset Protection: Without a plan, your estate might undergo a lengthy and expensive probate process. Estate planning helps minimize taxes and legal fees, ensuring more of your assets go to your beneficiaries.
  • Fulfilling Wishes: An estate plan respects your personal and financial wishes even when you cannot voice them.
  • Preventing Disputes: Stated wishes can help avoid family disputes over assets and inheritance, preserve relationships, and honor your legacy.
  • Legal Complications: A well-crafted estate plan can prevent legal issues that might otherwise arise and ensure a smoother transition of assets to your beneficiaries.

An estate plan is vital in managing your financial well-being. It also cares for your loved ones while ensuring that it meets your final wishes.

Essential Considerations for Your Estate Planning Checklist

Each item plays a critical role in assembling your estate planning documents. Here's what you need to consider:

  • Inventory of Assets: Before you can plan to distribute your assets, you need to know what they are. This includes both tangible and intangible assets.
  • Family Members: Consider the roles your family members will play. Who will inherit assets? Who will make financial and healthcare decisions if you cannot do so? Who will serve as guardians for any minors?
  • Directives: If you're incapacitated, you must select a healthcare agent to make decisions on your behalf. You'll also need a financial agent to handle your financial affairs.
  • Beneficiaries: Clearly define your beneficiaries, what they will inherit, and in what proportions.
  • Guardianship: If you have children under 18, you must designate a guardian who will care for them if you cannot.

Creating Your Estate Plan: A 7 Step-by-Step Checklist

Now that we've outlined the essential elements, let's walk through the steps to create your estate plan. An estate planning attorney can help to ensure you cover all your assets accurately.

1.   Inventory Your Assets

The first step in the estate planning process is making a comprehensive list of your assets. Even if you think you have a smaller asset pool, you may be surprised.

Document your tangible assets. When documenting, it's a good idea to include details such as market value, title, description, etc.

  • Real estate, including homes and land
  • Vehicles
  • Collectibles like jewelry, art, antiques, and coin

Document your intangible assets, again paying attention to policy ownership, institutions, balances, face value, death benefits

  • Bank accounts
  • Stocks and bonds
  • Retirement accounts
  • Life insurance policies
  • Health savings accounts
  • Business ownership
  • Debts or liabilities, including mortgages, credit lines, or personal loans

2.   Document Your Family Members in Your Checklist

When considering family members, include their full names, addresses, and contact information. Define their roles and what you envision for them in your plan.

  • Spouse
  • Children
  • Step-children
  • Adopted children
  • Aunts
  • Uncles

3.    Select a Healthcare Power Attorney

Select someone who understands your advanced healthcare directives. Those preferences can include treatments and end-of-life concerns. Your healthcare power of attorney advocates for you if you're incapable of doing so.

4.   Select a Financial Power of Attorney

A financial POA, similar to your healthcare POA, makes fiscal decisions if incapacitated. That individual can execute legal documents, withdraw funds, create trusts, file taxes, and manage investments.

You can document what financial powers you defer to your POA.

5.   Establish Beneficiary Designations

Beneficiary designations determine who receives your assets and what assets they receive. You can also present who you wish to exclude from your estate assets.

The more clearly you cite your wishes, the less potential for disputes among inheritors.

Consider establishing trusts for minors or others who might not manage a direct inheritance well.

6.   Determine Guardianship for Minors

If you have children under 18, choose a guardian to care for them. That individual should share your values and have the capacity to take on this responsibility.

Discuss your decision with the chosen guardian to ensure they're willing and able to accept the role.

7.   Draft Your Estate Transfer Documents

After using the estate planning checklist, you can work with an estate attorney to draft essential documents. You must ensure that whatever estate documents you create are valid. Typically, they require witnesses and a notary.

Properly executed documents also work to eliminate or reduce probate court involvement. Again, focus your efforts on these documents at a minimum

Will

You can use an online service to draft your will. However, using an attorney ensures you write a valid will that addresses nuances in Pennsylvania's estate laws.

Trusts

Two types of trusts exist: one created during your lifetime and another under your will. Moreover, you have numerous options available. Again, an estate planning lawyer can help determine your best choice.

Power of Attorney

When assigning a durable power of attorney, you'll need to determine the nature of their power. That includes what authority you grant and actions they can execute on your behalf.

Living Will or Advanced Healthcare Directive

A well-drafted estate plan includes your wishes about end-of-life healthcare. A living will addresses life-prolonging measures, burial instructions, and organ donation.

Here's more information about the five most important estate planning documents.

An Estate Plan is Dynamic

Pay attention to two other critical concerns with your estate plan.

First, keep the documents safe and accessible to your representatives. You can also distribute them to family members, trustees, physicians (living will), etc.

Second, revisit the documents as life circumstances change. An estate plan is dynamic and can be updated based on those circumstances.

Consult with an Estate Planning Lawyer Near You

Estate planning is fundamental to managing your affairs and ensuring the care of your loved ones in your absence. Following this  estate planning checklist can help you create a comprehensive plan that reflects your wishes and provides for your family.

Our estate planning lawyers work with clients in Bucks, Delaware, and Montgomery County, PA. If you're ready to start the process, get in touch. They'll work with you to draft a plan to protect your assets and family.