What can I to protect myself if he files for divorce?

Posted By User, Uncategorized On October 2, 2017

No spouse wants to think about a divorce. No matter how rocky the marriage, people are raised to believe that marriage is forever and that spouses should always do their best to stay together. The majority of married people take this legal contract very seriously and exhaust every available option before filing for divorce. A divorce has a lasting impact and takes a serious emotional toll on both parties, so it’s vital to everyone involved that before divorce is considered they try conversations, counseling, and mediation before coming to a final decision. It’s natural for a spouse who is threatened with divorce to wonder what steps to take next. How do you prepare for such a thing?

Protecting yourself before he files

If he’s mentioning divorce frequently and seems to be serious about it, don’t wait until he files to protect yourself. There are serious steps you can take to ensure that you begin taking back “your half” of the marriage to preserve your credit and identity after the marriage is over.

1. Close joint accounts: If you have a spouse that is frequently bringing up the subject of divorce and it’s clear they’re serious about potentially filing, don’t wait until you are served with divorce papers to take charge of what will soon be just your finances. Close joint accounts and begin individual accounts with you as the sole spender.

2. Take charge of tax records: Taxes are one of the single most frustrating aspects of divorce. You might only be married part of the year but for tax purposes, that last year together is going to be considered a whole year. Don’t wait until you’ve got divorce papers in your hand to make sure that you have access to ALL tax records so that you’re not going to face joint consequences if your spouse files in a way that causes later legal trouble.

3. Look at your credit report: It’s shocking sometimes to learn that your spouse has done as much damage to your credit as they have your own. When you’re sharing a life together, that’s fine. You share the burden. When you’re going to be facing life as a single person, things become much different. Your spouse’s spending habits may have negatively impacted your credit rating and you’re going to need to take control of this before it gets even more out of hand. If your spouse tends to open up credit cards in your name AND their own, then you’re going to need to assess the damage before the divorce proceedings begin. Grab a free copy of your credit report and see what you can do to straighten out your finances. This will also be something you can negotiate before the divorce is final.

All of these things will help to protect your sanity and finances during any potential divorce in the future. No one wants to admit that their marriage might not be forever, and it’s okay to try to work things out. But if they’re threatening divorce and seem serious, you’ll need to begin early to take steps that will protect your financial future and your own personal well-being. There’s nothing wrong with starting early before you’re served with papers and are in a full-fledged divorce hearing before accepting what should have been done beforehand.

Can I prevent him from converting the separation into a divorce?

Several spouses have ignored the well-intentional alarms of discontent that is raised by their partners for many years. The complaints sound and look as if they might not end up causing divorce in the beginning. Everything instantly begins to shake when their spouse files for a divorce all over sudden or moves out and wants to end the marriage. What happens when one spouse announces that they want to let go and dissolve the marriage while the other spouse disagrees with the move? Is there a way or any means to stop a separation from culminating into a divorce during those breaking points?

You are not entitled to coerce anyone into action
Law protects the rights and freedoms of your partner once they file for divorce. Marriage is a mutual decision. You have no legal rights to force him or her to take any course of action. What is needed to resolve any issues is for both of you to have mutual respect for each other, engage in open communication, and be willing to listen to your differences as the best way to agree on issues of major concern. The situation goes out of hand and everyone involved would find it difficult to resolve any arising issue when these channels are apparently overlooked or closed.

Mediation and counseling
Engaging in open discussion between the two of you would not work if your spouse has set his/her mind to filing a divorce. Deep-rooted emotions will have set in, and this requires a third to provide a middle ground. You will need to look for a professional third party who can either be a lawyer or a social worker to help you to comprehend the pros and cons of divorce. You will need the approval of a judge to seek mediation or counseling if the case has already been filed in court.

It is important to note that your primary goal is not to save the marriage when you seek mediation. Your goal is to determine whether the entire divorce journey is the best option for both of you. Couples may discover that their differences can easily be resolved with a brief intervention in some instances while others would find it tenable to end their marriage. Meditation and the involvement of the third party’s point of view may assist the two of you to see things differently for once.

Objecting the divorce
You have legal permission to argue against the case if your spouse still intend to proceed with divorce after failing to reconcile through mediation and counseling and you still object the move. You will contest in court through your lawyer by submitting the grounds upon which you are exerting this right. This does not mean the court will stop the divorce. It is for the purpose of finding out the legitimacy of your grounds for contesting.

Accepting the terms of divorce
You need to come to terms with the situation and accept that remaining married is not a viable option after you have finally exhausted the available channels to resolve your differences with your spouse. You will need to understand that the two of you have pronounced differences that are difficult to resolve. You will not have any other option left but to accept and move on.