- Do keep your separate property separate
- If you owned real estate before you married do not retitle or deed the property into your joint names. The same goes for stocks, bonds, etc.
- If you are gifted money do not put it in a joint account but use a separate account in your name only.
- Also make sure you keep all documents tending to show that any property is in fact your separate property and make certain that your spouse cannot take or destroy these documents
- Don’t rely on an oral promise
- Marital agreements that are not in writing and signed by the parties are generally not enforceable.
- Do not transfer assets to your spouse because you believe you have an understanding with your spouse.
- Likewise do not transfer or pay off debts based on an oral understanding.
- Do not sign off on a marital agreement without consulting a lawyer skilled in matters of divorce who is representing you alone and not your spouse or both you and your spouse
- Don’t threaten your spouse or a family member with physical harm or hit push shove or lay hands on your spouse
- If your spouse does threaten or cause you physical harm do call 911
- Do collect copies of tax returns lists of assets bank statements and other documents relating to assets and debts
- Do consider revoking any power of attorney that you may have executed naming your spouse as your attorney in fact or agent
- Do consider cutting off your spouses access to credit which you could be responsible for
- Do consider counseling and mediation to resolve differences
For anyone contemplating a divorce you should consider the above but remember this is only a partial list. Proceed with caution.