You can take steps to legally protect yourself during divorce. Here’s what to know about how to protect your rights before the divorce.
If you are worried about what your spouse will do after filing for divorce, refrain from informing them of your intentions. Take the proper measures to protect your healthcare and personal/financial assets during marital separation. If you and your spouse both want custody of your children, take precautions to demand joint custody.
How to legally protect yourself during divorce
You may need to act quickly when filing for divorce. If you settle at the beginning of the divorce process, you may risk compromising your healthcare, custody, and financial assets as the divorce process continue.
In order to protect yourself during marital separation you can:
1. Update your health care proxy
Make sure to update your health care proxy if you plan on separating from your spouse. Appoint a trusted loved one to make your health decisions.
2. Establish power of attorney
If you are filing for divorce, hire a family law attorney to advise you on how to protect your rights and personal assets during marital separation.
3. Create a postnuptial agreement
A postnuptial agreement can protect your personal assets and expedite the divorce process. However, a postnuptial agreement will only work if your spouse is cooperative and willing to respect your boundaries.
Related: How to Create a Postnuptial Agreement in California
4. Demand joint-legal custody if you have children
If you have children with your spouse, you must demand joint legal custody of your child or children at the beginning of the divorce process.
If your spouse is being uncooperative during divorce, you can take the following steps for added security:
- Change social media and financial account passwords
- Create or update advance directives
- Store copies of key documents outside your home
- Refrain from signing any blank documents or credit applications
- Have your mail sent to an address other than your matrimonial home
- Do not move out of your home without legal advice
- Keep records that may be used as evidence in court
- Catalog marital property
Make sure you take precautions to protect your financial assets from an uncooperative spouse before the divorce.
To financially protect yourself during a divorce you can:
- Get a copy of your credit report
- Familiarize yourself with family assets, debt, income, and expenses
- Separate debts to financially protect your assets
- Block your spouse’s ability to increase debit or credit
- Keep records of marital assets
After taking the appropriate measures, file for divorce. Once your spouse is notified of your intentions to separate, attend a pendente lite hearing.
What is a pendente lite hearing?
A pendente lite hearing is a rush hearing to protect a spouse and offer them security while they are going through a divorce.
Following a pendente lite hearing, a court can establish a temporary court order to determine:
- Spousal support
- Custody/visitation
- Child support
- Financial protection
- Protection from harassment
- Protection of utilities/cell phone
In a pendente lite hearing, both parties are bound by the terms established under the divorce order, and protections will last until the entry of a final divorce decree.
Domestic and emotional abuse
If you are being physically abused by your spouse, call the police. Do not let your spouse hurt you or your children. If your spouse is abusive in any way, you must report that to the authorities. Keeping records of abuse is important and will help with divorce litigation during your court hearings.
FAQs About Protecting Your Rights Before Divorce
What is a postnuptial agreement?
A postnuptial agreement, also known as a “postnup,” is a legal contract between a married couple outlining the division of assets and liabilities in the event of a divorce.
Related: Should I Sign a Postnuptial Agreement?
How can I receive full custody of my children when filing for divorce?
In order to receive full custody of any shared children with your spouse, you must provide convincing evidence to the court. The evidence must prove it is in the child’s best interest to order full custody to one parent.
Related: 10 Tips to Keep Child Custody in California
What if I have no proof of abuse against my spouse?
If you have no physical proof of abuse against your spouse, document your experiences in a journal. You may also ask your loved ones to testify on your behalf in court if they witnessed any abuse or abusive patterns in your marriage.
Contact Us
If you or a loved one would like to know more about how to protect your rights before a divorce, get your free consultation with one of our divorce attorneys today!