13 Oct How a Criminal Record Impacts Your Divorce Case
Judges take multiple factors into consideration when looking into a divorce case. For example, they will look at the employment status of each partner to determine spousal support. Judges will also investigate if either party has a criminal record, and whether it impacts the case in terms of limiting parenting or ability to be gainfully employed. Read this guide on how a criminal record potentially affects your divorce case if you’re in this situation.
Property Division
A major element in resolving a divorce case is property division. In most cases, your property division won’t be impacted if you have a criminal record. The courts will divide properties as they see fit as long as there is no prenuptial agreement in place. The only part of the division that may be impacted by your criminal record is your debt. You might be solely responsible for the debt you accrued during the marriage if it happened as a result of your charges.
Spousal Support
Spousal support may also be impacted by your criminal record. Many people with criminal records have difficulty finding employment. For this reason, a judge may not make you pay substantial spousal support if you can’t find a job. The rules stay somewhat the same when discussing child support. Here judges also take into account how much time the child spends with each parent.
Child Custody
Child custody is most affected by your criminal record. In a previous blog post, we discussed how judges make decisions regarding child custody. Ultimately, judges want to place the children in an environment that fosters their emotional and physical well-being. For this reason, people who are habitual offenders or have committed violent crimes in the past will have trouble receiving custody of the child. In addition, the judges will look at how long ago the crime was committed and if the child will be in danger in one partner’s presence.
This article has discussed how a criminal record impacts your divorce case. Property division will most likely stay the same unless you collected debt during the marriage. Additionally, people with criminal records will pay less spousal support because it’s difficult for them to find a job. Finally, your relationship with your child may be affected if the judge determines it’s unsafe for them to be near you. Contact LaCoste Family Law if you’re currently in this situation. We practice superior family law in Tri-Cities, Washington, and we want to help our clients in any way we can.