There are several steps an individual can take in order to protect themselves in a divorce process. As divorce may be a major undertaking, it is always important to prepare ahead of time and take certain precautions. Here are 10 ways to protect yourself in a divorce.
10 Ways to Protect Yourself Before, During, and After a Divorce
1. Get experienced legal help
Above anything else, a skilled divorce lawyer will be of utmost importance when protecting yourself and your assets in a divorce. A legal professional is experienced and professionally trained to understand the divorce process, and they are equipped to handle the obstacles that may arise. This step will also be incredibly helpful with situations where you and your spouse cannot agree on issues regarding your divorce.
Related: 5 Pieces of Free Advice from a Divorce Lawyer
2. Safeguard your personal documents and records
In order to assist in protecting yourself, you should gather and make copies of all your personal records and information. Examples of these records may include your birth certificate, diplomas, or other similar documents. For records that are jointly owned with your spouse, such as tax returns or real estate records, make multiple copies of everything and provide copies to your spouse. Finally, be sure to store all copies of your personal information in a safe location.
3. Set boundaries with your spouse and your children
Your spouse has no legal right to take any children from you or their family home. If your spouse may be a flight risk or may present a threat of possibly kidnapping your child, the court will outline any necessary precautions and safety measures for you and your children. Other options for less risky situations may include “time-sharing” the family home with your spouse until any divorce issues are settled.
Related: Understanding Divorce with Children in California
4. Make an inventory of your shared assets
Before considering any assets or property division, it is necessary to first keep track of everything that is considered marital property. If possible, it may be best to do this with your spouse. If this is not an option, then you can simply make additional copies of all documentation (photos, records, videos, etc.) and give copies to your spouse. Making a record of all marital property will give a clearer picture of what items are shared in your marital home, as well as anything else that may need to be addressed during the divorce process.
Related: How to Divide Property in a California Divorce
5. Don’t sign anything just yet
Many people make the common mistake of signing papers or preliminary agreements. Oftentimes, one spouse may try and force an informal agreement onto their partner. This can lead to negative legal consequences if anything is signed. If you sign something without reviewing it with your attorney first, you may have issues that will arise later in regards to property or custody battles. Signing documents without prior review will also make it more difficult – or even impossible– for your attorney to modify agreements later.
6. Secure any valuable personal property
As mentioned earlier, it is incredibly important to locate and secure personal documents and records. The same also goes for any valuable personal property or items, especially jewelry, expensive collections, or other similar possessions. Personal mementos and other irreplaceable items should be stored somewhere safe, preferably outside of the marital home.
7. Cancel joint credit cards
It may be beneficial to consider freezing any joint credit card accounts to avoid any additional fees or bills during your divorce process. Be sure to try and meet with your spouse beforehand to inform them that you intend to cancel the cards. At a minimum, it may be useful to at least change the joint accounts’ status so that no new charges can be made, in order to avoid having to deal with any huge credit card bills from your spouse.
8. Protect yourself and report any domestic violence (or threat of)
Do not allow your spouse to threaten you or your children with domestic violence. If this violence has already occurred, call the police and inform your legal counsel. A report will be filed and the court may file a restraining order to prevent any further acts of violence to be subjected towards you or your children. You can also reach the National Domestic Violence Hotline at 1-800-799-SAFE.
Related: How Domestic Violence Affects Divorce in California
9. Put a temporary order in place
A temporary order aids in navigating any unclear areas of your divorce while the legal process continues. This type of precautionary measure can handle issues such as spousal support, establishing a child custody arrangement, restraining the sale of property, and require the maintenance of insurance policies.
Related: Attorneys’ Negotiation Process in a California Divorce
10. Prioritize your own mental health
Above all, any divorce process will be an emotionally draining venture. In order to efficiently protect yourself, you should always keep your health and emotional wellbeing as a priority. This can be accomplished by leaning on family and friends for a support system, or seeking a licensed therapist to speak to about your emotions and how the divorce has been stressful for you. Continue to take care of yourself, your emotional well-being, and your children during this complicated situation.
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If you have any more questions on ways to protect yourself in a divorce, contact us. Get your free consultation with one of our experienced Divorce Attorneys today!