Will a Criminal Conviction Affect Your Divorce?

Posted by on Jul 22, 2017 in Criminal Laws, Family Laws | 0 comments

In itself, divorce is already legally complicated. According to the website of the BB Law Group PLLC, there are a variety of issues that may arise, such as those that involve alimony, child custody and visitation, child support, and property division.

But sadly, it can be more complicated, especially when a criminal conviction is involved. To answer the title of the article quickly – yes, a criminal conviction does affect the divorce. However, it is important to note that there are a lot of factors to consider, to determine how big a part this criminal conviction can play in the divorce process.

Financial Support

Alimony and child support are the main financial and domestic responsibilities associated with divorce. They are also aspects that can be influenced by criminal convictions. For example, if a spouse has a criminal conviction that is severe enough, he may have a hard time looking for a stable job, so he may not be able to give proper alimony and child support.

Generally, simple offenses like drunk driving don’t really matter, but that is not always the case. The website of the Law Offices of Mark T. Lassiter has enumerated the consequences for drunk driving – fines, jail times, and license suspensions. The license suspension is particularly problematic if the spouse’s job focuses on driving. So, in this sense, even a simple offense can greatly affect alimony, child support, and divorce overall.

Custody and Visitation

In child custody, the court will always look into the best interest of the child. A person who has a criminal conviction may not look very appealing for the court, especially if the criminal conviction shows that the parent is not in a good mental state to be with his child. This can make a parent with a criminal record lose out on child custody. There are even instances where visitation is strictly controlled or even entirely prohibited, especially on instances where the conviction involves the child directly, like on the instances of child abuse, domestic violence, and child endangerment.

Property Division

Usually, criminal convictions don’t affect property division. But there is always an exception. If a spouse has a history of fraud or any similar offense, there may be grounds for the court to investigate for assets that the spouse may be hiding, so they won’t be included in the division of property. But as said earlier, this isn’t really a big deal, when compared to how convictions affect financial support, custody, and visitation.

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