The divorce process can drag on for months if you and your soon-to-be former spouse cannot agree on anything important. For example, if you continue to fight each other on who will stay in the marital home, who will handle the marital debt, and how other assets will be divided, you will wind up in front of a judge in family court. What happens if you’re arrested during a divorce? Does your situation become impossible to find success? Let’s find out what you should do and how it can affect the divorce in today’s post.
Criminal Record Can be Used Against You
Sadly, your criminal record can be used against you when going through a divorce. And it doesn’t matter how recently or long ago you were arrested. If you already have a criminal record, be prepared for your spouse’s attorney to bring this up immediately when going through the divorce process, especially if you are trying to fight for custody of your children.
You Might be Ordered to Complete Counseling
If you have a criminal record or are arrested while actively going through the divorce process, you might be ordered to complete counseling. This counseling could include anger management, therapy, or a parenting class. It all depends on the reason for your arrest, if you were convicted of the crime, or if the charges were dropped.
Extend the Process and Increase the Cost
Having a criminal past, or being arrested during divorce, could wind up extending the time it takes to finalize the divorce. It even makes it more costly than it should be. The most common divorces that take longer to complete when one spouse has a criminal record or is arrested while the process is active are those that involve children. The opposition you will face from your spouse regarding custody will be difficult to defeat.
Postpone Divorce Process
It is possible that an arrest during the divorce process can wind up postponing the process. It all depends on the severity of the crime you reportedly committed and have been charged with in New Jersey. For example, if you are charged with a felony, you might wind up sitting in jail for months on end if you cannot afford bail. Waiting in jail for a trial can make it difficult to finalize divorce paperwork.
Inability to Win Custody
One of the biggest impacts an arrest can have on your divorce case is if the charges are for domestic violence, sexual assault or any type of abuse. When these charges show up on your record, it makes it very difficult to win a child custody battle with your former spouse. Even simple allegations of violence or abuse made against you can affect your divorce or child custody situation. That is why it’s always best to have an attorney by your side.
Arrested While Going Through a Divorce? Enlist the Help of an Attorney
If you are arrested while going through the divorce process, you need to enlist the help of an attorney immediately. An experienced attorney will be able to answer all of your questions. And they will explain what you are now facing as you work towards finalizing your divorce. Call The Law Offices of James C. DeZao, P.A. at (973) 358-6134 to schedule a free consultation. We have a strong track record of successful cases that continues to be upheld by our great team of lawyers.