Chapter 5
Rachel pulled out a sheet of paper and sketched a few boxes on it. "First, about the cheating. You have chat screenshots, which is good.
"But messages alone aren't enough. They could say they're fake, hacked, or a joke. You need more solid evidence to prove David has spent money on Olivia."
"Like what?" I asked.
"Like photos or videos of them together, hotel booking records, bank transfer records, or statements from witnesses. The more you have, the better. The more real, the better.
"Second, about the property transfer. You said he's transferring the house to his mom's name?"
"That's what he said in the chat."
"That's crucial. If he maliciously transfers marital property before the divorce, the court can claw it back, and could even penalize him by reducing or eliminating his share of the marital estate.
"But you have the burden of proof. You need to show that the assets are marital, not his separate property, and that the transfers were made with intent to harm your claim."
"How do I prove that?"
"Property transfers have to be registered at the Registry of Deeds. You can search the records there to see who currently holds the title.
"If the transfer has already gone through, you need to act fast. If it hasn't gone through yet, you can file a motion with the court to freeze the asset.
"Third, about custody." Rachel looked at me. "This is the most important part."
"I know."
"You're a stay-at-home mom with no income, which is a disadvantage. But you also have an advantage. You've been the primary caregiver since your daughter was born.
"The court will prioritize your daughter's stability and the bond with each parent when deciding custody."
"But he'll probably say I don't have any income."
"So, you need to show you can take care of yourself and your kid. What skills do you have? What kind of work did you do before?"
"I majored in accounting in college, and worked as an accountant for three years after graduation. Then I quit for my baby."
"Did you take the ACCA exams?"
"Yeah."
"Great, that's a bonus. It proves you can work. You're just not working right now."
Rachel jotted down some notes and drew a few diagrams on the paper, and then looked up at me. "Rebecca, I'll be straight with you. Things aren't looking great for you right now, but it's not the worst case. What matters most is time."
I asked, "What do you mean?"
"David's racing against the clock, and you have to do the same. Every day he gets, he might move more money or set up something else. You need to collect all the evidence and lock down any assets before he gets everything in place."
"How much time do I have?"
Rachel paused to think. "Based on what you told me, he's aiming to get everything done within a month. Five days have already gone by. You need to handle the most urgent things in the next seventy-two hours."
"Seventy-two hours?"
"Yeah. Three days."
Three days. Seventy-two hours.
I sat in the coffee shop. My latte had gone cold in my hand.
Rachel wrote out a checklist for me. [First twenty-four hours: Check the property status at the Registry of Deeds.
[Get David's salary account statement of the authorized card from the bank and collect more evidence of him dissipating marital assets on his affair.
[Second twenty-four hours: Find out where Olivia lives and try to catch David visiting her place. Get photos or videos as proof.
[Ask the community center how to freeze assets and what steps you need to take. Gather everything you need for the custody case.
[Final twenty-four hours: Put all your evidence together and retain a lawyer. If necessary, take the initiative and file a lawsuit before he does.]
"Remember," Rachel said, "For these three days, you have to act normal around him. Don't let him see any change in you. If he catches on that you're collecting evidence, he'll move the money faster, or wipe out the evidence."
"I understand," I replied.
"One more thing." Rachel hesitated. "Where's your marriage certificate?"
"It's at home, in the filing cabinet in the study."
"Go check and make sure it's still there."
"Why?"
"Because some people will hide or destroy the marriage certificate before the divorce, to stop the other person from filing for divorce. Sure, you can get a new one, but it'll waste precious time."
My heart skipped a beat. "Alright, I'll check when I get home."