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.