In What Ways May My Criminal Record Affect the Divorce?

 Posted on January 15, 2024 in Divorce

Going through a divorce in Illinois as an average citizen is no easy task. And when you have a criminal record, you’ll find matters may be more complicated. If you are presently in this situation, you are likely wondering if your criminal history will impact divorce proceedings. While there are specific ways your criminal record will affect issues related to divorce, there is something you can do to insulate yourself from the avalanche of legal headaches having a record may be creating for you. Hiring an Illinois divorce attorney to be your legal advocate inside and outside the courtroom is a critical step.

Child Custody and Visitation

One of the most significant ways in which your criminal record can impact your divorce is in child custody and visitation arrangements. The child's best interests are virtually all family courts' most important priority. A criminal record can raise concerns about a parent's ability to provide a safe and stable environment. Depending on the nature and severity of the offenses on your criminal record, the Court may seek to restrict or even deny custody or visitation rights. Before your appearance in court regarding custody, you and your attorney must be prepared to address any concerns raised by the other party or the Court and demonstrate your commitment to the well-being of your children.

Property Division and Financial Matters 

In some cases, a criminal record can also influence the division of marital assets and financial matters during a divorce. Suppose your illegal activities resulted in financial losses or affected your ability to contribute to the marital estate. In that case, the Court may take this into consideration when determining property division. Additionally, certain criminal convictions, such as fraud or embezzlement, may impact your credibility and ability to negotiate favorable financial settlements. Working closely with your lawyer to strategize and present a strong case to protect your economic interests is crucial. 

Spousal Support and Alimony

Finally, your criminal record can also play a role in determining spousal support payments. If your criminal activities have affected your ability to earn an income or have resulted in financial instability, the Court may consider this when awarding spousal support. Furthermore, if your criminal behavior has caused emotional or physical harm to your spouse, it may impact the Court's decision regarding support payments. As with any matters related to your divorce, discuss with your attorney what legal strategies may most benefit your situation.

Contact Our Hoffman Estates, IL Divorce Lawyer Today

If you have a criminal record and are getting divorced, let us help you. Contact the experienced Barrington, IL divorce attorney with The Law Office of Nicholas W. Richardson, P.C.. Call 847.873.6741 for a free consultation.