10 Important Mistakes to Avoid When Preparing for a Divorce in Pennsylvania

If you are preparing to go through a divorce in Pennsylvania, it will be important for you to make informed decisions every step of the way. The decisions you make now will impact your life for years (if not decades) to come, and you owe it to yourself to make sure you achieve the best outcome possible under the circumstances at hand.

With this in mind, as you start the process, there are some important mistakes you need to avoid. These mistakes can impact the outcome of your divorce in unexpected (and undesirable) ways. Learn more from Stroudsburg, PA divorce lawyer Gary J. Saylor, II:

Mistake #1: Making Assumptions About the Divorce Process

One of the first, and most important, mistakes you need to avoid is making assumptions about the divorce process. Rather than making assumptions, you need to make informed decisions based on an accurate understanding of how Pennsylvania’s divorce laws apply to your specific circumstances. Making assumptions can lead to additional mistakes, and these mistakes could prevent you from securing the outcome you deserve.

Mistake #2: Trying to Handle Your Divorce on Your Own

Given the importance of making informed decisions, you should not try to handle your divorce on your own. Pennsylvania’s divorce laws are complicated, and every step in the divorce process requires a clear understanding of the legal issues and considerations involved. By hiring an experienced divorce lawyer to represent you, you can feel confident that you have all of the information you need, and this will allow you to feel confident in the outcome of the process once your divorce is final.

Mistake #3: Overlooking Important Issues You’ll Need to Address

When you file for divorce in Pennsylvania (or your spouse files for divorce in Pennsylvania), there are several issues you need to address before you can bring your marriage to an end. These issues broadly fall into four categories:

• Property Division
• Spousal Support
• Child Support
• Child Custody (or Parenting Time)

But, within each of these four broad categories, there are numerous specific issues that you might need to address in order to avoid running into problems after your divorce. This includes everything from dividing retirement accounts and digital assets to understanding how Pennsylvania’s “best interests” factors apply to your specific circumstances.

Mistake #4: Failing to Consider Your Long-Term Priorities and Needs

As you think about all of the issues involved in your divorce, it is important to do so with a long-term perspective. While it might be tempting to focus on finalizing your divorce as quickly as possible, doing so could have serious consequences that leave you regretting your decisions in the future. From your desire for financial stability to your desires as a parent, you need to focus on doing what is best for you (and your children) long-term.

Mistake #5: Failing to Identify Your “Separate” Property

Unless you and your spouse have a prenuptial agreement (or postnuptial agreement), you will need to divide your marital property during your divorce. However, any “separate” property that you own will be yours to keep. Many spouses are not aware of this distinction, and, as a result, they end up giving up some of their property rights unnecessarily. While there are exceptions, anything you owned before your marriage will generally qualify as your separate property, and you may own various other separate assets as well.

Mistake #6: Overlooking Options You Have Available

When going through a divorce in Pennsylvania, it is not unusual to run into issues along the way. Even if you and your spouse agree that it is time to bring your marriage to an end, this doesn’t necessarily mean that you will agree on all of the various aspects of your divorce. From divorce mediation to the collaborative law process, divorcing spouses have a variety of options for resolving their differences without going to court. But, if you overlook these options, you could find yourself in court unnecessarily.

Mistake #7: Overestimating the Relevance of “Marital Fault”

Pennsylvania is among the dwindling number of states that still recognize the concept of “marital fault.” However, adultery and other forms of marital fault don’t necessarily impact the divorce process in the ways that many people think. If you believe that you have grounds to assert marital fault (or if you are concerned that your spouse might try to assert marital fault), you will want to discuss this with your divorce lawyer to ensure that you have an accurate understanding of what this means—and what it doesn’t mean—for your divorce.

Mistake #8: Ignoring the Importance of Preparation

Regardless of the circumstances involved in your divorce, thorough preparation is key. Generally speaking, the more you do to prepare, the smoother the process will go. Even if you encounter issues along the way, being prepared to address these issues will help ensure that they are no more disruptive (and no more costly) than necessary.

Mistake #9: Unnecessarily Delaying the Process

While it is important to prepare for your divorce, it is also important not to unnecessarily delay the process. Once you have made the decision to file (or your spouse has made the decision to file), it is generally best to move forward as efficiently as possible. The sooner you get started, the sooner the process will be over—and the sooner you will be able to move on with your post-divorce life.

Mistake #10: Letting Yourself Become Overwhelmed

Finally, we know this is a lot to digest, and we know that many spouses can quickly start to feel overwhelmed when thinking about the divorce process. But, it is important to keep in mind that getting divorced is just that—a process—and there are steps you can take to achieve a favorable resolution efficiently and without unnecessary complications.

Request a Free Consultation with Stroudsburg, PA Divorce Lawyer Gary J. Saylor, II

Do you need to know more about what to do (and what not to do) when preparing for a divorce in Pennsylvania? If so, we invite you to get in touch. To request a free consultation with Stroudsburg, PA divorce lawyer Gary J. Saylor, II, give us a call at 570-421-5568 or tell us how we can get in touch online today.