How To Protect Yourself Before Divorce

Whether your divorce is a surprise or a long-expected outcome, at that place are certain steps you should take at the start of a divorce to protect yourself, your children, and your finances.

This is not to say yous should empty your bank account or home, but there are reasonable steps yous should take to safeguard your interests.

The post-obit divorce planning suggestions are intended for those who are going through an adversarial divorce, non 1 where you and your spouse concur on most issues. All situations are different. You may choose to act on a few of our suggestions or all of them; the decision is upward to you based on your human relationship with your spouse.

Divorces are ever easier to get through when you lot make a good religion endeavour to work together amicably. Earlier you make a choice, weigh the consequences against your divorce and those involved.

Of import:
The data in this article and all other articles on this website is general in nature, does not constitute legal advice or opinions, and should non be relied upon as such.

Hire an Attorney Early in the Process

No one should enter the California Divorce Courtroom in Orange Canton, or anywhere else, without competent counsel. Interview experienced family law attorneys by asking all the important questions virtually your divorce and custody.

I. Ways to Protect Your Custody Rights and Your Children

ane: Do Not Move Out if You Have Children

If you lot moved out of your home, move back in as shortly as possible. Once y'all move out, you ruin your take chances at custody.

Living with your spouse may be tense. To minimize friction and the chance for domestic violence, consider a "time sharing" understanding so that you lot and your spouse can share the home and custody of the children both at present and later, when the divorce is resolved.

2: Understand the Children Cannot Leave

Neither parent should have the children from their family unit domicile, nor should the children be taken across country lines. Concealing children in another state is a tactic often seen by vengeful spouses, and tin can make fighting for custody very difficult; you want to avert fighting for custody across state lines if at all possible. If disputes involving the children arise, consider obtaining a Temporary Restraining Lodge (TRO) that legally prohibits your children from being taken out of state.

Tell your spouse that he or she is welcome to leave the abode, merely the children must stay. Again, a time sharing solution is the best compromise.

3: Demand Joint Legal Custody

When information technology comes to custody of your children, you demand to set the right precedent at the showtime of the divorce process. If you settle for less time at the showtime, you lot may be expected to settle for less at a later fourth dimension.

Ii. Ways to Protect Yourself Financially

4: Cancel Articulation Credit Cards

Before y'all cancel jointly-held credit cards, don't let your spouse know y'all intend to practise so. In the v minutes it takes to cancel your cards, your spouse could accuse thousands of dollars to them. Pleasantly inform them that the cards have been canceled later the fact. Jointly held cards are your responsibility too, and so you may be responsible to pay some or all of the debt.

In situations where your spouse is charging excessive amounts to your credit cards, written report the cards equally stolen. The credit card company will cancel the account and yous may only exist required to pay the first $l in charges.

five: Safeguard Joint Bank Accounts

Aroused spouses commonly "clean out" joint bank accounts. Earlier you are left with zip, remove half of the account rest and open up a new individual account at a dissimilar bank with those funds. Notify your spouse that you've taken your portion of the account by sending a written letter. You should also make arrangements to pay outstanding shared bills.

Taking one-half of the money in your account should not be considered "playing muddy" as long equally you can evidence that one-half of the money is rightfully yours and that you lot aren't trying become dorsum at your spouse by ruining them financially.

6: Cut Back on Expenses & Sell Extra Property

Together with your spouse, decide which utilities to cancel. Cablevision TV and extra telephone lines are examples of expenses you don't demand.

Too, talk with your spouse about which personal holding items to sell. If y'all don't demand cameras, extra vehicles, etc., now is a practiced time to sell the items. One time you are legally separated, the items may exist deemed "Community Belongings" and you may not be able to sell them.

7: Don't Contribute to Your Retirement Accounts

It's probable that your spouse will exist entitled to some or all of the money in your retirement account and pension plan, including IRAs, 401(k), and pension plans. Go to your employer and ask for the forms needed to terminate your regular contributions. This will keep the portion of your savings that your spouse may be entitled to from growing (ensuring you get more than money in the cease, unless you spend it now). Past stopping your contributions, you will too increase the amount in your paycheck, which works well since you might demand this extra cash soon.

Iii. Ways to Protect Your Belongings

eight: Move Records to a Location OUTSIDE Your Family Dwelling house

Now is the time to have your personal papers and records (birth certificates, pension papers, diplomas, and other important papers) to a storage space where your spouse does not have access such every bit with a trusted friend or at a co-worker's dwelling.

Make two copies of articulation records (deeds, titles, existent estate records, banking concern statements, tax returns, W2s, etc.) and store one re-create in a safety location. The other copy should be provided to your spouse. Take the originals to your chaser so they tin brand copies.

9: Itemize Marital Holding

If possible, catalog marital property using a video camera and do and then together with your spouse. If your spouse won't agree to a video recording, do it without him or her and then brand a duplicate tape for their records. Of course, your re-create should be stored away from the home and so you take a safe, solid record of your items in case anything "disappears."

There are a few things to keep in mind when you record:

1. Make sure the engagement is made visible when the tape is viewed; agree up a paper or videotape the appointment on the Television receiver at the beginning of the recording.

2. Movement through the entire house and take out items from drawers, shelves, etc. and hold them up so they are visible to the photographic camera.

iii. If you have a safety deposit box or storage unit, be sure to catalog the items in the same way.

10: Secure Valuable Personal Holding

Yous'd be surprised by how often photos and other items of personal value are destroyed by vengeful spouses. Valuable items, personal mementos, and other items that tin't be replaced (money collections, firearms, etc.) should exist taken out of the home and stored in a condom place. This does non employ to common possessions or community holding; it only applies topersonal property.

When possible, discuss personal items with your spouse first. Information technology is adequate for you to take what is yours and shop the items in a safe spot. This manner you don't accept to worry about your spouse taking items or claiming they "disappeared."

IV. Ways to Protect Yourself Personally

xi: Proceed a Journal

Every day, keep a tape of events such as fourth dimension spent with your children, arguments betwixt yous and your spouse, and telephone calls. Tape all information relating to your divorce, no matter how big or small. The journal should be kept in a secure location, and yous should be prepared to share diary entries as prove. Do not write overly-emotional data; stick to the facts. For your personal thoughts and feelings, continue a separate periodical for your own reflection.

If you lot want to keep your journal out of evidence, address each entry to your chaser (e.thousand., To My Attorney, John T. Lawyer). Because you've addressed your attorney, your periodical becomes privileged communications and may not be open to a subpoena.

12: Do Not Sign ANY Documents without properly consulting a divorce professional

Many people make the fault of signing papers that later on crusade property and custody battles to be decided against them. Some documents cannot be modified past an attorney after.

If your spouse asks for your signature, respond politely by proverb your attorney has told you not to sign anything until he or she reviews the document.

thirteen: Set up for Simulated Claims

In a divorce, it's common for i spouse to make false allegations confronting the other in order to gain command of custody proceedings. Untrue claims of domestic violence and kid molestation do occur. If information technology happens to you, contact your attorney right abroad.

14: Call the Police if Domestic Violence Takes Identify

If your spouse commits any domestic violence against y'all or your children, call the police immediately. An officer volition come to your habitation and file a report, which will be something your chaser should know about right away as well. Following whatever act of domestic violence, strongly consider getting a Restraining Club against your spouse. Acquire more about domestic violence and divorce.

Source: https://cadivorce.com/california-divorce-guide/planning-for-a-california-divorce/ways-to-protect-yourself-during-divorce/