May 10, 2015

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How a Criminal Charge or Conviction Affects a Divorce

Going through a divorce can be extremely difficult. It’s a process that is emotionally tense and easily stressful. No matter how long a couple’s relationship lasted, there’s no way to avoid the devastation that is typically associated with such a situation. Aside from the intense emotions divorcing spouses have to deal with, there’s also a host of different matters they need to come to an agreement about. These matters include making decisions about issues like how properties and assets will be divided and how child custody and child support will be arranged. In some cases, divorcing couples are able to make decisions about these issues through amicable means. However, there are usually a lot of contest regarding these topics. As such, the final decision on is often brought to family court through a lawsuit.

When a lawsuit is filed by a spouse to settle a contested divorce, the power to make decisions regarding all aspects and issues involved in the process will be left in the hands of a judge. As a result, the judge ruling the case will have to take into consideration several specific factors in order to come to a decision that is fair for all parties involved. Aside from considering the point of view and interests of each spouse, he or she will also have to be wary of the needs of any children that may be involved. A judge, for example, will have to look at each spouse’s individual income and earning opportunities in order to decide how properties and assets should be divided. He or she will also have to consider each spouse’s capability to care for their children to determine a suitable custody arrangement.

According to the website of the Cedar Rapids divorce attorneys from Arenson Law Group, PC, another crucial consideration in contested divorce proceedings is a spouse’s criminal record. This can hold a lot of weight in the case. Having a criminal charge or conviction can severely affect one’s chance at being granted a favorable decision in issues like child custody, child support, and property division. A charge or conviction involving illegal substances can point to a drug abuse problem that will determine that a spouse is an unfit parent. In the same light, a charge or conviction involving crimes like fraud and identity theft will tell the court that a spouse is not fit to be given his or her fair share of properties and assets.

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