The following actions on your part will
help protect your rights while you are considering whether or not to institute a
suit for divorce:
1. 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. You may need it in the event of a separation.
2. Locate and make copies of: the most
recent income tax returns, including all schedules; stock certificates; bonds;
savings account pass books or statements; money market fund statements;
brokerage account statements; checking account statements (and, if possible, the
checks); appraisals of real estate or tangible personal property (i.e. those
made for insurance purposes or loan purposes); loan applications and financial
statements; and Wills or trust documents. If your spouse owns a business, obtain
a copy of all cash receipts for the past 3 years, as well as tax returns,
financial statements and bank records for the business.
3. 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.
4. Try to establish personal credit
relationships (credit cards, department store charges, etc.).
5. 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 and heard.
6. Obtain a safety deposit box at the
same bank for your personal records.
7. 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.
8. Make sure your automobile is in good
working order and is not in need of any immediate repairs.
9. If you suspect adultery, have a
complete physical and AIDS test.
10. Have a medical and dental
examination. If convenient, undergo any treatments which are needed or which you
may anticipate needing in the future if they are covered under your spouse's
insurance.
11. Keep a diary of relevant events,
including the comings and goings of your spouse. If your spouse is away from the
home a lot (out at night, away on trips, etc.), record the dates and times, as
well as your spouse's explanations for these absences.
12. Do not sign any contracts,
promissory notes, deeds, mortgages, or similar documents at the request of your
spouse. Your refusal may tip your spouse of your desire to obtain a divorce;
however, the consequence of signing the document may be far worse than that of
the disclosure.
13. In the event you decide to
institute the divorce suit, there is no way to predict how your spouse will
react. Therefore, it may be advisable to:
(A) withdraw half of the funds from
joint savings accounts and jointly held money market funds and deposit them in
an account in your own name at a different financial institution;
(B) take possession of jointly held
stocks, bonds, certificates of deposit, money market funds, etc., and place them
in your own safety deposit box;
(C) change the locks to your automobile
and your home if your spouse no longer resides there; and
(D) make sure you have the necessary
clothing for the future for yourself and your children, and if not, utilize
joint credit cards to purchase them. (This is not to be interpreted as a license
to go on a spending spree, but is merely to protect yourself against the
possibility that your spouse may terminate the credit cards and refuse to pay
support). Be sure to maintain the receipts, so there is no question abut the
expense.
The fundamental objective is to
preserve and protect marital assets, not to dissipate or dispose of them.
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