How Can a Criminal Record Affect My Illinois Divorce?

 Posted on July 22, 2024 in Divorce

Many things can complicate the divorce process. For example, a child who has special needs can affect a child custody case; high-value or complex assets can impact how marital property is divided; a spouse who is on active military duty overseas can hold up the divorce timeline.

A criminal record can also complicate the divorce process in more ways than one. This article will discuss those impacts, though questions about how a criminal record can affect divorce should be directed to an Illinois divorce attorney.

Domestic Violence

A record of domestic violence or spousal abuse on the part of either spouse can affect a divorce in several ways:

• Mediation, a form of alternative dispute resolution that helps couples reach settlements outside of court, might not be considered a viable option. If one of the spouses has been known to abuse the other, it may not be appropriate to have both spouses negotiate with each other in a room. In that case, the divorce may be litigated in court, which will cost both spouses significant time and money.

• The court might award the abused parent more physical custody of the child, or what Illinois calls "parenting time." If the judge feels that a record of abuse threatens the well-being of a child, he or she is likely to place some restrictions on the abusive parent’s access to the child.

• Even if a judge does not place restrictions on the parent’s access, he or she may order a psychological evaluation of the parent to determine whether or not he or she is a threat to the child.

Child Abuse or Neglect

Reports of a parent abusing or neglecting a child can have an even more decisive effect than spousal abuse on a court’s child custody decision. If a child has been abused or neglected by a parent in any way, there is a likelihood that the court will restrict that parent’s parenting time or even visitation rights.

Drugs or Alcohol

Sometimes a spouse may have a criminal record of drug possession and/or use. Other spouses may have a history of alcohol abuse — which, while not illegal in itself, can be charged as a crime if it involves other activities, such as driving under the influence.

These records can not only influence a judge’s decision about child custody but may also affect how a court divides marital property. For example, if it is discovered that a spouse used joint funds to fuel a drug or alcohol addiction, a judge may award more marital property to the other spouse as compensation.

Contact an Arlington Heights, IL Divorce Lawyer

A criminal record can seriously impact an Illinois divorce. At A. Traub & Associates, we excel at making the divorce process as smooth as possible by keeping our clients informed and educated at every step. Call 847-749-4182 to speak with an experienced Arlington Heights, IL divorce attorney today.