The Negative Effects of a Criminal Charge or Conviction in a Divorce Case

Ending a long relationship through divorce can be a stressful legal procedure as well as a demoralizing experience to many couples. But when a marital relationship comes to a point when problems outnumber and outweigh favorable situations, many (even older couples aged 50 or above and who have been married for decades) consider divorce as the most logical solution to ending their problem-plagued marriage for a brand new, peaceful and happier future.

Divorce, however, entails many essential issues that separating spouses will need to settle, either through amicable agreement or through a lawsuit wherein a family court judge will make all decisions based on various factors relating to each issue. These issues include child custody and visitation rights, child support, division of properties, assets and debts, and alimony or spousal support.

Many divorcing spouses now resort to mediated divorce, a process wherein they are given the freedom to decide on everything peacefully, amicably and privately as this divorce procedure happens only between the spouses who, with their respective lawyers (if each has one), are guided by a mediator of their own choosing.

A lawsuit, however, which is the only means to settle a contested divorce, leaves all decisions on all divorce-related issues in the hands of a judge. A contested divorce is always complicated; this is why, according to the website of law firm Arenson Law Group, PC, the assistance of a qualified family law lawyer will prove extremely valuable in making sure that your rights (as a spouse) and your interests (especially for the well being of your children) are well defended and highly considered by the court. A good lawyer can make the difference at the end of the day in contested divorces.

In a contested divorce, the odds of swaying the court to decide in favor of one spouse, who has been convicted of a crime or is facing a possible criminal conviction, can be an extremely difficult endeavor. A criminal conviction in cases, such as drug possession, alcohol and/or drug abuse/dependence, DUI, child abuse, domestic violence, aggravated assault, attempted murder, financial fraud, and so forth, can lead to unfavorable court rulings, especially, on child custody, and division of properties and assets issues. But besides having been convicted of a crime, multiple criminal charges can also influence a judge in deciding against the convicted spouse’s favor.

On its website, the law firm of Ian Inglis – Attorney at Law, explains how a criminal record, especially one relating to DWI or DUI, can have a huge impact on a person’s life. Facing unwanted severe penalties, though, can definitely be avoided, or maybe even being convicted at all, but only so long as that person is represented by a knowledgeable and experienced legal representative.

The Law Offices of Richard A. Portale, P.C., likewise explain on its website how a criminal conviction can ruin a person’s personal and future life, be it a case relating to DUI, drug possession or abuse, theft and robbery, assault and battery, domestic violence, murder/homicide, etc. Thus, to save oneself from the destructive effects of a criminal conviction, seeking only the best criminal defense lawyer for the strongest defense is definitely necessary.

Unless the conviction was made many years ago and if the criminally convicted spouse has already paid for his/her crime and has undergone a rehabilitation program, then the court may just overrule such past criminal record and consider it inadmissible in a divorce lawsuit. This court act will actually be in compliance with an article in the family law which states that the remoteness of any act may not be admitted as evidence against an individual, especially if such act is not part of a recurring pattern, is not likely to be repeated and has been corrected through a rehabilitation program.