About To File For Divorce? Two Things You Must Do Now

The next two steps should be taken only if you are certain the breakup is imminent. If you are about to ask your spouse to move, or if you are the one moving, withdraw half of all funds in all joint savings and checking accounts. These are the accounts that are in both of your names. The court may decide otherwise later, but for now, you are entitled to 50% of what’s in them. Take out your money. Leave the remainder for your spouse. While you may be legally entitled to withdraw all of the money in the joint accounts, you should consider what that would look like to the judge who decides your divorce case. If you withdraw only half, you will appear fair, even in the midst of turmoil. Make sure you keep the bank receipts from these transactions. You want to show that what you are taking is exactly half of what’s there on the date of the withdrawal.
Next you must cancel all joint credit cards. Also call and remove your spouse as an additional cardholder on any of your own credit cards. This action will of course alert your spouse that you are leaving, so it is best to do it immediately before leaving, or just before filing for divorce.
Are these extreme measures? Not if you have already decided to file for divorce. If your spouse decides on a split before you do, you may find yourself presented with a situation where all or most of these things have already been done. You may also find that the arrangements aren’t as fair as they should be. If you think your divorce will be amicable, answer this: Have you and your spouse talked about it quietly? Have you each hired an attorney, and selected a neutral mediator to help with the details? If this is not the case, and you have made your decision, and one person’s departure from the home is imminent, then you should take these actions now.