How Criminal History Affects Divorce Proceedings
No one can deny the fact that going through a divorce can be an extremely difficult and emotionally challenging time. Aside from the emotional pain that comes with the dissolution of a marriage, divorcing couples will also have to contend with important legal details such as property division and child custody agreements. Couples that fail to come to an amicable agreement regarding these details will usually have to bring their dispute to court, where decisions will be left to a judge.
In a contested divorce, a judge is expected to make a ruling that will be fair and beneficial for both parties involved. A judge is expected to take into account the arguments made by each spouse in favor of one decision, as well as the point of view of any children that might be involved in the proceedings. However, a number of different factors might cause these expectations to bend in a different direction. Such decisions are mostly applicable for divorce proceedings where one of the parties involved has a notable criminal history.
When one of the spouses has a criminal offense on their record, their chances of being granted a favorable ruling during a divorce can become seriously impeded. For example, as noted by Marshall & Taylor, P.C., a parent might not be granted visitation rights if he or she is proven to have a history of alcohol or drug abuse, as well as a history of domestic violence. Meanwhile, criminal offenses related to white-collar crimes such as identity theft and fraud might also influence a judge’s decision regarding the division of a couple’s property and assets.
Because divorces involve high-stake decisions, it’s no surprise that having any criminal offense on one’s record can have a great effect on how proceedings will turn out. If you need help sorting out the legalities involved in divorce, do not hesitate to seek out legal counsel in order to learn more about your options.