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When a criminal charge leads to divorce

It happens more often than you might think: A single major event leads to the breakdown of a marriage. It happens with accidents, career changes and, sometimes, criminal convictions or charges. 

If you find yourself defending against a criminal charge and going through divorce at the same time, it would be natural for you to feel frustrated, angry and uncertain. This would be a difficult legal position, but you could still work toward the best possible outcome for yourself and your family. 

Planning for your children

If you have children, they are probably your first concern. Your spouse might attempt to use your criminal trouble as leverage to secure more control. 

In most cases, a criminal record would not be the only — or even the first — concern for a divorce judge. However, to minimize the effect of any potential convictions on child custody, please plan your legal strategy carefully. 

Dividing marital property

Your criminal case might consume significant resources. You deserve an equitable portion of marital property, but your spouse might attempt to take as much as possible. Getting your fair share is even more important when your freedom is at stake. 

Managing a divorce from jail

Depending on the stage of your case and the nature of your charges, it could be possible to secure release from jail. If this is not an option, the divorce might take longer and be more difficult to manage. That does not mean the situation is hopeless. It should still be within your power to secure a fair decision. 

It is common to exploit every advantage in a divorce case, including a situation in which the opposing party is in prison. You would probably want to take special care to ensure that your spouse’s attorney did not succeed in rushing the process. 

Even if you have made a few mistakes, you still deserve to be a part of your children’s lives. You still deserve a fair share of what you and your spouse built together. Please do not give up on protecting your rights and interests. 


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