Q: What is the best way to show a long history of abuse and intent to deprive a spouse of assets through fraud?

A: For any incidents of physical abuse, document the incidents by writing about them. Include the conduct that led up to the abuse and describe what happened. If you do not remember the exact date of an incident, include a time frame. Also include the names of any witnesses, any pictures you have, and what, if any medical care that was needed or obtained.

Abuse that is not physical is more difficult to document because it is more subtle and usually involves a pattern of behavior that spans a period to time rather than specific incidents. Of course, if there are any witnesses, you will have a stronger case except that with the exception of children, most abuse usually does not occur when witnesses are around.

If your intention is to show a history of abuse for the purpose of a divorce, you need to understand that unless custody is an issue or there are substantial assets to divide, proving a history of abuse is not likely to get you anything more than if abuse had not occurred, especially if the abuse was verbal, mental, or emotional. If the abuse was physical and you need further medical care or if the abuse has left you physically incapacitated to the degree that you cannot support yourself, you may have a claim for compensation. I do not want to minimize the abuse you have endured but in a divorce, proving non-physical abuse is not likely to get you anything unless there is something to get.

With regard to proving fraud, again, write about it and gather all documents that support your claim. However, you only mention your spouse’s intent to deprive you of assets through fraud. That statement sounds like your spouse only tried to deprive you of assets but that your spouse was not successful.

If physical abuse is currently an issue, you can obtain a Temporary Protective Order from the court in the county where you live.

With regard to depriving you of marital assets, until a divorce action is filed, both spouses have a right to do whatever they want with marital property. However, after a divorce is filed, the law prohibits both parties from selling, encumbering, or disposing of marital property.

If you have not already filed for divorce, I advise you to do so ASAP. Filing for divorce is the only way to protect whatever marital assets remain.