How To Protect Yourself In A Divorce
Cancel all joint credit cards - Although most
credit card companies do not allow you to cancel the card
without paying the debt in full, you should notify them that you
do not wish any more charges to be placed on the card by either
you or your spouse. Do this in writing and keep a copy for your
files.
Get a credit report - Know what debt is
outstanding at the time of the divorce. You don't want to obtain
a divorce and fail to assign responsibility for a credit card or
other debt, which may cause you to be responsible for the debt
without obtaining relief from your ex-spouse.
Contact credit card companies to get statements for the
past year or two. You want to know what charges were
put on the credit cards. Are there items of worth of which you
are unaware? Did your spouse purchase expensive items for a
period unrelated to the marriage?
Obtain your own credit card and pay off the balance
monthly and on time. This will establish a pattern of
good credit, which will be essential when you are on your own.
In addition, open your own bank account. Do not deposit money
into a joint account, unless you are certain your spouse is
doing the same.
Contact Brokerage Companies. Write the
companies and notify them that you and your spouse are
separated. Ask the broker not to make any transactions without
your approval. Do this in writing and retain a copy for your
files.
Gather all financial information, bank statements,
financial statements, etc.... Know how much money is in
your marital estate. Know how much is in each account during the
course of the marriage, at the time of separation and at the
time of the divorce proceedings. This will help you track funds
to determine that your spouse is not hiding funds.
If there is violence in the home, obtain an order of
protection. An order of protection will provide you a
variety of remedies, such as having your spouse removed from the
home, granting one party possession of the children, setting a
visitation schedule, awarding support and other types or relief.
This could be a quick solution to the otherwise lengthy process
of divorce.
If you have children, there may be disagreements about
custody and parenting time, therefore, make sure you keep a
journal. Because custody often hinges on who was the
primary custodian of the children, document everything such as
who wakes the children, makes them breakfast, takes them to
their school and doctor appointments. Document fights you have
with your spouse. Document discussions you have with the
children. Document the items you purchased for the children. On
the other hand, be careful in who you confide, you do not want
to see your best friend testifying for your soon to be
ex-spouse.
Do not involve your children in conversations, arguments
or decisions about them. Do not put your children in
the middle of you and your spouse.
Time your divorce properly. If you have been
married to your spouse for ten years and you don't remarry, you
are eligible for benefits from your ex-spouses Social Security
benefits when you both reach age 62. Also be aware of the tax
consequences of obtaining a divorce before or after the end of
the year.
Obtain a good attorney. Do not let your spouse
convince you that you do not need a lawyer. You do need a lawyer
to advise you about the law, your rights and your best
interests. Do not let your spouse convince you that you can use
the same lawyer. This is not true, as one attorney cannot
represent two parties to a divorce as it is a conflict of
interest. Any attorney hired by your spouse will be looking out
for your spouses' and not your best interests. You may be giving
up rights you didn't even know you had. Find an attorney with
whom you are comfortable. Take notes when you talk to your
lawyer. When you have questions or ideas, write those down to
discuss with your attorney. The more organized you are, the less
time you will take with your attorney, and the less expensive
the process may be.
