Stage 2- During Separation
Seek information from a Family Law Facilitator or Self-Help Center in your county’s family court about child custody and visitation (parenting time), child support, spousal or partner support, and property division. Private family mediators can assist with these things, as well as with property and asset division. Seek legal advice from a family lawyer about support, property and asset division and options to litigation. | |
Each spouse or partner generally needs to seek legal advice from a separate lawyer. | |
Consider revoking any power of attorney documents that name your spouse or partner as your agent. | |
Contact banks, investment companies and brokerages where you and your spouse or partner have joint accounts. Ask what actions, if any, you can take to protect your interest in those accounts. | |
Contact creditors with whom you and your spouse or domestic partner have joint accounts. Pay the balance and close the accounts, if possible. | |
Make copies of all legal, financial and other important documents. | |
Take your personal documents — birth certificate and passport, for example — out of joint files and create your own file. | |
Contact your insurance provider to review auto and homeowners or renters policies. | |
Work with your spouse or partner to negotiate a division of community property, child custody and visitation (parenting time), child support, and spousal or partner support. If you want child support or spousal or partner support, make a monthly and annual expense budget—including food, medical care, housing, clothes, day care, school supplies and activities, and other relevant expenses—that could be used to support your case. | |
Discuss and decide with your spouse or partner who will take the dependent tax exemptions for children, and who will claim the credit for child and dependent care expenses. |