Logic Over Emotions
Divorces are rarely calm and predictable. Emotions often run high,
and things can escalate quickly. When the situation takes a sudden turn for the
worse, here is how to protect yourself until you can get your attorney
involved.
1. If the Police Call, Stay Calm and Say Nothing
If a detective or police officer contacts you to ask questions
regarding an incident related to your crumbling marriage, do not try to clarify
the situation. Politely tell the police or detective that you do not feel
comfortable talking about the incident without your attorney present.
Because of the Fifth Amendment, you cannot be compelled to testify
against yourself. The police may try to get you to admit something that could later
be used against you. Instead, you should contact a criminal defense attorney,
who can communicate with law enforcement on your behalf. Be polite and respectful
to the police, but not overly cooperative.
2. When the Other Parent Threatens to Move the Kids
If your co-parent suddenly says they're moving out of state with
the kids, act immediately. Don't wait. File a case to trigger a standing order,
which in many Georgia counties prevents either parent from removing the
children from the jurisdiction. Until you file, both parents have equal rights
to custody of the children and there is no kidnapping.
Once a case has been filed, you can request an emergency or
temporary order to stop them from moving away with the children. Even if the
other parent does leave the jurisdiction with the children, the UCCJEA can help
you get a court order requiring the children's return to the state, as long as
you have lived in Georgia for at least six months.
3. Handling Violations of the Court Order
If there are any court orders in place, you need to make sure you
are following the court's orders. Any actions made in violation of the court's
orders can hurt your case and put you in contempt of court.
If the other parent denies your parenting time, document everything.
Gather texts, emails, or messages showing your efforts to peacefully resolve
the situation. Only then should you consider involving the police.
If the other parent fails to pay court-ordered child support, you cannot
retaliate by denying their court-ordered parenting time. You can hire an
attorney to file a motion for contempt or contact the Child Support Services.
4. Protecting Your Financial Security
If your spouse cuts you off financially, consider borrowing money
from friends or family to hire an attorney and file an emergency motion with
the court. Georgia courts can order temporary child support, alimony, and
attorney's fees.
If you legally have access to a joint account, you can move funds
into your own separate account, but don't deplete marital money by making
extravagant purchases. Only use what you need to live.
If you're worried your spouse might drain marital assets, take
photos, create an inventory, and file for divorce to get a standing order in
place.
5. Keep Your Emotions in Check
No matter how angry or provoked you feel, your reaction matters.
Losing control can be used against you in court. Stay calm, document
everything, and let your attorney guide you.
When things get crazy during a divorce, your best defense is to stay
quiet, act quickly, document everything, and seek legal help as soon as
possible.