Ten Ways to Protect Yourself Before and During Your Divorce

If you are planning to file for divorce or the process has already started, there are several things that you should consider doing to protect yourself, your assets, and your credit. 

Some of the actions listed below may not be necessary if you and your soon-to-be ex-spouse can agree. It is always best to resolve these issues by agreement, if possible. If you agree on an issue, be sure that you understand exactly what you are agreeing to and the consequences of that agreement.

1. Stay in the marital home if you have children.

Unless you fear for your safety or the safety of your children, don’t move out of the house. It may be tense, but moving out can significantly affect your custody and property rights. 

2. Don’t allow your spouse to take the children and leave.

If your spouse wants to leave, let him or her go, but the children should remain in the marital home. Both parents have equal rights to the custody of children in South Carolina. If you allow your spouse to take the kids, the court may perceive the situation as your admission that your spouse is better able to care for the children.

3. Collect your records, papers, and valuable personal property.

Often a family member, friend, or co-worker can help you. Make copies of joint records (tax returns, deeds, etc). Give one copy to your spouse and store another copy with your records. Your car is probably not a safe place to store these things.

Valuable personal property means personal mementos, collections, and other items that cannot be replaced. This does not refer to things that you and your spouse own together, like furniture or cars.

4. Call 911 if any domestic violence occurs.

Immediately call 911 if domestic violence occurs against you or your children. Make sure that an officer comes to you and that a report is filed. Call your attorney’s office and relay what has happened.

5. Cancel all joint credit cards.

Advise your spouse that you are canceling the joint credit card accounts. This will prevent your spouse from going on a spending spree and trying to make you responsible for some or all of the costs.

6. Stop the direct deposit of your paycheck into a joint account.

If your paycheck is deposited directly into a joint account, stop it today. Your purpose in doing this is to claim what is rightly yours, without ruining your spouse financially. There are likely some joint bills that you will want to be sure are paid.

7. Make a video of your property.

Take a video inventory of your home and its contents. Open closets, cabinets, and drawers. Make sure the date and time are on the video. Make a copy of the video inventory and give it to your spouse. Place your copy with your other documents that have been stored elsewhere.

8. Keep a journal for your attorney.

Make daily notes of any events that may have some impact on your case. Telephone calls, time spent with the children, and arguments with your spouse should all be included. Be very factual, as this journal may become evidence in your case. However, you may be able to prevent the journal from becoming evidence if you begin each entry as a letter or note to your attorney such as “Dear Attorney Matthews” or “To Attorney Matthews.”

9. Don’t sign anything!

Never, ever sign anything for your spouse until your attorney has reviewed it. In South Carolina, if you can read, the court believes you knew and understood what you signed and will not change an agreement easily.

10. Get an attorney now.

Everything you do can affect your case. You need competent counsel to assist you. Your attorney has been through this before and will guide you through the process.

The information presented in this article is a general guide and is not legal advice. Every situation is different. Consult with your attorney as soon as possible before taking any action.