How Pending Criminal Charges Impact Your Divorce Case

You have chosen to part ways with your spouse, and you can’t help but feel a sense of relief in the middle of your marital breakup. Unfortunately, figuring out the best way to navigate the upcoming legal case isn’t your only problem right now, as one of you is facing criminal charges during your divorce proceedings.

Pending criminal charges can have a formidable impact on your divorce case, and that’s true no matter which party is facing the criminal charges. It’s also especially true if you and your spouse are parents to minor children, as custody and visitation must factor into the equation. Here is an overview of how pending criminal charges and child custody matters may affect your ongoing divorce case.

WHAT IS A PENDING CRIMINAL CHARGE?

A pending criminal charge is a complaint filed after notification from law enforcement. The prosecutor will decide whether to charge you as is, reduce your charge, or add extra charges. 

 

Of course, the prosecutor could also discard the allegation. In California, accusations such as domestic violence or substance abuse often arise, impacting both the divorce process and custody arrangements. 

 

The difference between minor offenses and serious crimes significantly influences family law outcomes. Legal proceedings are distinct from formal judgments, yet they play a crucial role in determining the course of a divorce.

 

POTENTIAL OUTCOMES OF PENDING OR EXISTING CRIMINAL CHARGES DURING DIVORCE

When navigating divorce, you could face charges related to your divorce case or that have nothing to do with it. Examples of charges unrelated to your divorce include the misdemeanor of shoplifting, which the divorce case might not consider or give much weight to.

 

On the contrary, more serious offenses can directly impact your divorce case if a pending criminal charge is what directly affects child custody and visitation cases. For instance, current or past charges of aggravated assault, homicide, kidnapping, or stalking can be grounds for the defendant losing custodial rights. The same is true if you or the other party is facing charges related to a sexual crime, child endangerment, or drug or alcohol-related offenses. 

 

Divorce courts prioritize the best interests of the child when making custody decisions. If you can demonstrate that the other parent’s illegal actions adversely impact the ability to care for your children safely, the other party may face a denial of child custody.

CONSIDERATIONS WHEN FACING PENDING CRIMINAL CHARGES DURING DIVORCE

 

If your future ex-spouse is facing charges, you will likely have to decide how to deal with their criminal defense lawyer retainer and bail money. Depending on the relationship with the other party, you might feel inclined to help them so that they can keep supporting the family while you navigate your divorce.

 

Or, you may object to paying for criminal defense attorney costs and bail using marital funds. A divorce attorney in San Diego can advise you on the best move for your unique situation. Also, if you’re the one who is facing a criminal allegation, it would be advantageous to hire a family lawyer who also possesses criminal law experience.

 

Doing so will help streamline the processes you use to resolve pending criminal charges and child custody matters, thus saving you time, money, and the hassle of having two different attorneys on two separate pages when addressing your situation.  

LONG-TERM IMPACT ON KEY ASPECTS OF DIVORCE CASES

CHILD CUSTODY AND VISITATION

If your future ex-spouse receives a conviction on pending criminal charges during the divorce, it is time to analyze the situation.  As child custody issues mount, it may be in your best interest to terminate their parental rights during the process. This scenario is particularly true if you think you may remarry another person willing to adopt your children or feel a restraining order is necessary.

 

The reason? Being convicted on felony charges may come with a prison sentence, in which case the other party won’t be able to acquire custody of your children. On the contrary, if the other parent’s jail time is brief following a criminal conviction, this person may still gain the right to see your children.

 

However, visitation with the children will most likely be supervised, depending on terms such as parole and release. Also, once this person is given a release from jail, the divorce court might order him or her to search for work and begin paying back child support as well as meet his or her current child support obligations. 

 

DIVISION OF PROPERTY

Legal disputes and financial complexities often intertwine in California divorce cases, particularly when one party faces criminal accusations. Such scenarios can influence the allocation of shared finances and asset division. Monetary penalties or obligations tied to legal outcomes may further complicate these issues, affecting what each spouse receives. 

 

When financial liabilities are shared, the responsibility for these debts may shift if one party is involved in legal proceedings. Therefore, to maintain control over certain assets, individuals may need to take specific steps when the other party faces criminal charges during the divorce.

 

A family law attorney well versed in criminal law can help you pursue the best child custody situation for you and your children, given the criminal charges impacting your case. Likewise, an attorney can make sure that your rights and best interests are protected when dealing with child support in such a case, whether you will be the recipient or the payer.

 

EXPERIENCE CRIMINAL AND DIVORCE LAW EXPERTISE WITH MICHAEL C. MACNEIL

Having to juggle the legal and emotional challenges of pending criminal charges, divorce, and child custody matters simultaneously can no doubt be overwhelming. Fortunately, my experience in trial cases for family law and criminal legal matters means I am well-equipped to handle complex cases like these.

 

I take pride in always putting my clients first and personally attending to them. As a result, you can expect high-quality legal representation from the start when you work with me. You also won’t have to worry about falling prey to bureaucratic tricks in the legal field.

 

Contact me for a consultation so that I can go over your divorce, criminal situation, or both with you and seek the best possible outcome.