The objective of these instructions and your objective should be to preserve and protect marital assets, not to dissipate, hide or dispose of them.
Consider taking these steps to protect your interests when preparing for divorce.
If you have received any monetary inheritance or gift, other than from your spouse, do not co-mingle it with marital monies or joint account funds. Keep it segregated and try to keep it intact.
Locate and make copies of: income tax returns for last 3 years, including all schedules; stock certificates; bonds; saving account pass books or statements; money market fund statements; brokerage account statements; checking account statements; and, if possible, checks; appraisals of real estate or tangible personal property (i.e. those made for insurance purposes or loan purposes); loan applications and financial statements; real estate closing statements; and Wills or trust documents. If your spouse owns a business, obtain a copy of all cash receipts for the past 3 years, if available, as well as tax returns, financial statements, and bank records for the business.
Inventory the contents of any jointly held safety deposit box, as well as household valuables such as silver, china, antiques, collectibles, art objects, and household goods. You may want to photograph or videotape the household valuables and personal items, especially items you suspect that your spouse may hide.
Try to establish personal credit relationships (i.e. credit cards, department store charges, etc.)
Open a bank account in your name at a bank where your spouse does not do business. Start putting away as much money as you can. If and when you separate, there will be a need for available funds to retain an attorney as well as pay any other expenses which your spouse refuses to pay. Your spouse may even withhold support, which will place a financial burden on you, until a Motion to Establish Temporary Support can be brought or heard.
Obtain a safety deposit box for your personal records.
Make a list of all mail received by your spouse from brokerage firms, banks, insurance companies, and credit card issuers, as well as their addresses. DO NOT OPEN PERSONAL MAIL OF YOUR SPOUSE.
If your spouse is away a lot make notes of the dates, times, and any explanation given.
Do not sign any contracts, promissory notes, deeds, mortgages, or similar documents at the request of your spouse.
If you need medical or dental treatment, which is covered under your spouse’s insurance, you may want to have it done now. If your car needs any work, you may want to have it done now.
You cannot secretly tape phone conversations your spouse is having with another party. You cannot secretly intercept e-mails or circumvent passwords to obtain information. You cannot secretly videotape your spouse in an area where your spouse has an expectation of privacy. When in doubt, do not do it. It is better to hire a licensed private investigator who will conduct a legal surveillance.
You should change all your passwords. If your spouse knows your e-mail password or password to accounts, your spouse may intercept private information.
Do not post anything on Facebook that you do not want your spouse and spouse’s attorney to see.
Do not involve them in any discussions related to the issues of the divorce. Do not talk negatively about your spouse in the presence of the children.
Our firm can help you safeguard your best interests throughout the entirety of your case and stand at your side every step of the way, even in court if necessary.
If you are considering filing for divorce or need assistance with your current divorce, please contact Harris Divorce & Family Law with a convenient office located in Roswell and serving all the Metro Atlanta counties.
