Navigating Credit Card Options During Divorce Process
Can you get a new credit card once the automatic temporary injunction takes effect in your divorce?
Hi, I’m Tulsa Dads.Law attorney Clint Hastings. I practice law here in Tulsa, Oklahoma, focusing on fathers’ rights, and this is my 25th year in practice.
Understanding the Automatic Temporary Injunction in Divorce
As we’ve discussed in other videos, an automatic temporary injunction goes into effect as soon as a divorce is filed. For the filer, it applies immediately; for the respondent, it applies once they are served with papers. This injunction prohibits many financial actions, such as hiding assets, cutting off access to funds, or transferring property.
So, does that mean you can’t get a new credit card? Not necessarily. If the card is issued based on your own credit, in your own name, and it’s a separate account, you can usually open it. That new debt will be considered your separate responsibility now that you’re separated from your spouse.
Considerations When Getting a New Credit Card
The problem only arises if you use marital funds to pay off that card or cover the monthly payments. If you’re paying it from your separate income, that’s typically fine. But if the money comes from a joint account or a business in which your spouse might have an interest, things could get complicated. In that situation, it’s best to hold off until the judge makes rulings about which funds are considered separate and which are marital.
So yes—you can get a credit card and use it—but be mindful of where the payments are coming from and how they might be viewed in court.
Call for a Consultation
If you need a consultation on this or any other family law issue, give Tulsa men’s divorce attorney Clint Hastings a call at 918-962-0900.
