A Criminal Conviction Can Influence Your Divorce

Jul 27

Whether your divorce is contested or uncontested, it doesn’t change the fact that there are legal matters to navigate through. The website hhzfamilylaw.com/divorce/ has enumerated some of the most commonly disputed areas of divorce, including child custody, child support, spousal support, and property division.

Since these are the major legal areas scoping separations, it is not surprising that these areas are also affected by the criminal convictions of one of the spouses involved. But how do criminal convictions affect divorce exactly? Well, that will depend on the kind of crime that has been committed.

Child Custody and Visitation Rights

If there is anything you need to know about these aspects of divorce, it is that the family court will always favor the best interest of a child. So, if a spouse has a criminal conviction, that will play a factor on whether it is on the best interest of the child to be with this parent.

This is because a criminal conviction can show that this spouse doesn’t have his life together, and therefore may not be in a position to take care of a child. Visitation may also be limited, especially if the child is a direct victim of the criminal conviction. Child abuse and domestic violence come to mind.

Child Support and Spousal Support

There are many factors that affect the amount of child support and alimony, and one of them is the parents’ capability to provide. A parent’s earning capacity can be influenced by a criminal record, and that’s why it can play a major part in the financial support calculations.

According to the website of the Law Offices of Mark T. Lassiter, those who are found guilty of driving while intoxicated may face various penalties, such as fines reaching thousands of dollars. This can seriously affect a person’s financial standing and capability to provide for a child or ex-spouse. Also, there is the possible hardships of getting employment, casting more doubt on the person’s earning capability.

Property Division

Property division is not always affected by criminal convictions. Most of the time, it is a legal aspect that is only affected if it is warranted, like when the criminal conviction relates to properties in general. For example, if a spouse has a record of fraud, the other spouse may have a reason to doubt the amount of declared properties, because the spouse may be hiding some that he intends to not be divided upon divorce.

Read More