Divorce proceedings are something no one wants to go through. Several factors can influence the outcome of a divorce trial. One question many of our clients have is whether criminal charges affect divorce. As a Long Island Family Esq. firm, Simonetti & Associates can answer that and more.
Types of Criminal Charges
Criminal charges exist in three categories: infractions, misdemeanors, and felonies. Infractions are the least concerning. They encompass things like parking overtime, speeding, and tailgating. Misdemeanors are more concerning. Usually, they incorporate things like public intoxication, endangering the welfare of a child, or criminal trespass. Felonies are the most punitive charges. They typically include charges such as murder, arson, rape, burglary, or kidnapping. Our Long Island Family Esq. firm, Simonetti & Associates, believes that it’s best to maintain a clean slate.
Influence on Court Proceedings
- Minor infractions, such as speeding do not have a significant influence on divorce proceedings. Though it’s ultimately up to the judge, if the parking ticket or speeding ticket is paid in full, the infractions are unlikely to influence a trial.
- Misdemeanors, such as public intoxication, may influence divorce proceedings. Traditionally, they are used to prove the potential for worse crimes or incompatibility with a spouse.
- Felonies, such as kidnapping, influence divorce proceedings. If the person is convicted, it will likely look negatively upon them for having committed a felony. Incarceration for a felony will also appear negatively to a judge.
If the individual is simply charged, not convicted, it will not be admissible in court.
Convictions like domestic violence, order of protection, or a loss of custody, will likely result in a divorce becoming unfavorable for the convicted person. Domestic violence speaks for itself and practically necessitates divorce. An order of protection, in which a person is instructed by the court on how they may interact with another (support, visitation, etc.), is also likely to negatively impact court outcomes. Finally, a loss of custody and losing the ability to parent your children will disadvantage a court outcome. To prevent this, we recommend seeking counsel at our Long Island Family Esq. firm.
Contact Our Long Island Family Esq.
In short, most criminal charges will only impact a divorce if they become convictions. Infractions, such as a parking ticket will be unlikely to influence court outcomes if paid in full/resolved. Misdemeanors and felonies will probably affect a divorce case. If a misdemeanor is less relevant, like tax evasion, it might not affect the trial at all. Again, this is ultimately up to lawyers to argue to the judge for a final say regarding any criminal charges. If you have concerns about your own divorce proceedings, be sure to contact your Long Island Family Esq. , Simonetti and Associates, to schedule a free consultation