Filing for divorce but with a criminal record? If you are on the brink of ending a marriage, the court will take into consideration several factors before granting your divorce request. One of the factors that the court will look into is the criminal record of the couple. Okaloosa County criminal defense attorney with the Flaherty Defense Firm will tell you that being criminally charged can have a huge impact when filing for divorce.
One of the crucial issues that will be decided in a divorce case is child custody. In cases like these, it is always the best interest of the child that will be prioritized. Having a criminal record can affect your desire to share custody of your child in a divorce case. However, there is always an exception to the rule and the court will treat each case as unique. When one of the parents has a criminal record, the court will look at the nature of the crime and how recent the crime was committed.
If you have committed a violence offense, sexual crimes, or convicted for drug crimes, you could have your visitation rights severely limited. In addition, you may be prohibited from seeing your child for a certain period of time. If you committed a violent crime against your spouse, the court may issue a temporary restraining order to prevent you from further hurting your spouse.
However, all is not lost when you have a criminal record and filing for a divorce. Once you have completed counseling or some form of therapy, you may be allowed to visit your child. You may be able to find specific parenting classes related to divorce cases involving minor children. You may be evaluated by an evaluator to check your capability for becoming a good parent.
When considering getting a divorce, having a criminal record will make the process more complicated and longer. As a result, you could end up paying more.