A Criminal Charge Might Have an Impact on Your Divorce Proceedings.

Man and girl

Even if not all criminal charges will impact the resolution of a divorce case, a sizeable proportion of them will have some kind of bearing on the case’s conclusion. Given how difficult it may be to achieve a divorce, the addition of a criminal charge can make a situation that was already problematic far more so. This is because of the inherent complexity of the legal system. 

A felony charge can have repercussions for a variety of issues connected to family law, including, amongst other things, child custody, visitation rights, and child support payments, and an Appleton divorce lawyer can help.

The Particulars of the Crime That Were Committed

If you have a significant criminal history, you will not be taken as seriously as someone who has a minimal or nonexistent criminal record if you give the impression that you have nothing to hide. For instance, if your soon-to-be ex-spouse has a restraining order against you, the judge’s decisions on child custody will likely reflect badly on that fact. 

If your soon-to-be ex-spouse has a restraining order against you, see this page for further information. During the proceedings of the divorce, both parties make an effort to further their own individual interests to portray their soon-to-be-former spouse in the most unflattering light possible. Your previous arrests and convictions will almost certainly become known to the general public.

The Truth of the Matter

A judge who specializes in family law will pay close attention to the following categories of facts on your prior convictions when conducting a review of those convictions:

  1. Could you please elaborate on the nature of the breach of the agreement?
  2. When exactly did the crime (or crimes) occur, and how long ago was it?
  3. Who were your victims, and how did the ramifications of your acts reveal themselves in their lives?
  4. Could you please repeat the statement that you were giving?
  5. Since then, have you been accused of committing any other crimes analogous to those?
  6. Were any kids present during the commission of the crime (or crimes) that you committed?

Your legal rights can be significantly altered depending on how you respond to these questions, so choose your responses carefully. For example, suppose the crime or crimes you committed involved the use of violence against children. In that case, this will have a detrimental influence on the parenting time and custody arrangements that are made for you and your children.

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