Living with a criminal record can be tough, and it can be tougher still if you’re going through a divorce. If you want to know how your criminal record will affect your case, seek help from a family law firm in Kent. If you want to know now what factors can severely impact your divorce settlement, read on.
Minor offenses mean minor impact
If your criminal records show that most of your offenses were minor ones, you stand a good chance of surviving the divorce proceedings intact. When it comes to child custody proceedings, however, the court will obviously look into the stability of the parent who will gain custody of the kid. Granted, your criminal record will automatically set you back.
But if your criminal activities in the past were all minor offenses that are not related to any violent outbursts, then you have a shot. What you should look out for is when your criminal record shows any past offenses that are violent in nature.
Effects on property division
Having a criminal record can have a huge impact on how the court will divide your properties. The judge will decide how much of your assets and debts will be divided to you and your spouse.
Your share of the assets, as well as the debts, will depend on the nature of your criminal activities. For example, if you committed a crime using a credit card that both you and your spouse share, and evidence proved that you, alone, committed the crime, you’ll be the only one to pay back the debt.
If you also committed a crime with the use of your marital assets, the judge will likely reject giving you half of your assets. So, it really depends on the nature of your offenses that will impact the decision of the court with regards to the division of your properties.
Violent criminal past
Another factor that will definitely affect the outcome of your divorce proceedings is if your past offenses were violent in nature. The court doesn’t look favorably on people with a violent nature. If you happen to have inflicted physical harm or verbal abuse to your spouse and children, the court will likely decide against giving you child custody.
They might allow you visitation rights with limitations, depending on the severity of your offenses. But in order to gain favor with the judiciary, you can inform your attorney that you’re planning on entering a rehabilitation center to manage your anger issues.
Judges are more favorable towards people who are actively seeking counselling for their criminal behavior. So, earn their trust by letting them know you’re going into rehabilitation and that you have every intention of committing to the process of rectifying your mistakes.
Going through a divorce is hard enough as it is, but when you have a criminal record, it gets harder to the point that you’ll likely lose everything. But as long as you consult your attorney about your options, and you work hard to become a better civilian, you have a chance of gaining something from your divorce settlement.
