Can I Check My Spouse’s Credit During Divorce?
For many Florida couples, marriage involves sharing finances and, perhaps, even creating a shared credit history. In fact, simply buying a car or a house with a spouse typically means that the couple now has a shared credit history.
If spouses with a shared credit history begin the process of a divorce, it may be natural for one or both parties to assume that they have a right to check their spouse’s credit history. Not only is this assumption untrue, checking a spouse’s credit history during divorce can lead to significant legal trouble.
Federal Regulations Prevent Married Individuals From Checking a Spouse’s Personal Credit Report
There are many reasons why a spouse may want to check a spouse’s credit during divorce. One of the more common reasons is typically a spouse’s suspicion that their former partner is hiding bank accounts, credit cards or similar financial information. In too many instances, such suspicions are well-founded, as a recent CreditCards.com survey found that approximately 7 million Americans hide financial information from a spouse or partner.
However, these findings or any other reason is not a proper justification for accessing a spouse’s credit report or history without their permission. The Fair Reporting Act is a federal regulation that says you need to have a “permissible purpose” to request a consumer’s credit report. Common people or entities that have a permissible purpose for making such a request include:
- Creditors
- Landlords
- Insurers
Divorce is not a “permissible purpose.” In fact, even a married spouse with no intention of divorce is still not permitted to check a spouse’s credit.
A Spouse May Be Able to Check a Spouse’s Business Credit If the Spouse Owns a Small Business
Interestingly, however, there is an exception to this broad rule if a spouse owns a small business. Small business credit reports and scores are not regulated by the aforementioned Fair Credit Reporting Act Standard, meaning a spouse can check the credit reports and scores of a spouse’s business during divorce.
A Florida Family Lawyer Can Help You Obtain Credit Information Lawfully
In the vast majority of marriages, however, a spouse’s credit is personal in nature. Online access to credit reports may make it tempting to snoop, but the legal ramifications of such behavior can be severe. Fraud or identity charges can result, which can negatively affect your divorce and jeopardize your freedom.
If you wish to access a spouse’s credit report without permission, the best way to do that is with the help of a Florida family law attorney who will protect your legal interests in divorce. A subpoena or court order can still provide you with the information you seek, albeit without breaking the law and harming your legal interests in a divorce.
FAQs On Managing Divorce
To prepare for what’s ahead during the challenging period of divorce, it’s important to understand the basic steps of the process. Many people have similar questions about the divorce process, timelines, and outcomes related to child custody and alimony. In this article, we cover some of the most frequently asked questions we receive. Whether it’s taking that first step or understanding more about child custody, we’re here to help. For those needing guidance, a Tampa, FL divorce lawyer can offer personalized assistance through each stage.
What Are The First Steps In Starting A Divorce?
The initial steps for a divorce involve gathering key information and understanding what’s involved in the process. Typically, we recommend consulting with an attorney early on to discuss your goals and rights. From there, it’s essential to collect financial documents, list shared and individual assets, and discuss living arrangements if you and your spouse plan to separate before finalizing the divorce. By taking these steps, we set a foundation that can help you make informed decisions moving forward.
How Long Does The Divorce Process Usually Take?
The duration of a divorce can vary widely based on factors like cooperation between both parties, the presence of children, and the level of shared assets. Some divorces that are uncontested may take only a few months to finalize, while contested divorces with more complex matters can extend over a year. Setting realistic expectations early on helps manage the process effectively and can sometimes make it more efficient.
What Documents Are Needed To File For A Divorce?
Several key documents are needed to initiate the process of filing for divorce. This generally includes a marriage certificate, proof of residency, income information for both spouses, and any prenuptial or postnuptial agreements if applicable. Financial records, such as bank statements, property deeds, and retirement accounts, are also crucial. These documents help us create a clear picture of assets and liabilities, aiding in the fair division of property and finances.
How Is Child Custody Determined In A Divorce?
Our Tampa divorce lawyer will share that child custody decisions are primarily based on what is in the best interest of the child. Courts will review factors like each parent’s role in the child’s life, work schedules, living arrangements, and the child’s own needs. While we can work with you to present a parenting plan that fits your family’s situation, we always consider what arrangements support the child’s stability and well-being. Many parents also find it helpful to work through custody options in mediation, which can offer a collaborative approach to this important decision.
What Factors Affect Alimony Decisions In A Divorce?
Alimony is influenced by multiple considerations, including the duration of the marriage, each spouse’s income and earning potential, and contributions to the household or career sacrifices made during the marriage. Courts will assess these factors to determine if one spouse should receive support and for how long. With a structured review of your financial and personal circumstances, we can help outline what’s fair based on Florida’s alimony guidelines.
Managing The Divorce Process
Our team is here to help guide you through the process as you consider your next steps. Our goal is to provide clarity and support so that you can approach your case with confidence. If you’re looking for further assistance with your divorce, a Tampa divorce lawyer can offer the personalized insight you need. As a fifth generation native Floridian, with nearly two decades of experience, our team is dedicated to helping our clients manage legal issues surrounding divorce. The McKinney Law Group is available to discuss how we can support you through this transition. Contact us to set up a complimentary consultation and begin planning the path forward together.
Contact The McKinney Law Group for a legal consultation if you have financial concerns that could impact your Florida divorce.
divorce lawyer Tampa
If you have questions for a Tampa divorce lawyer, or are unaware of the terms and conditions of a Tampa divorce, talk to, and retain, a family law attorney who can help. Contact Damien McKinney of The McKinney Law Group to discuss your case further. He can be reached by phone at 813-428-3400 or by e-mail at [email protected]