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How Can a Criminal Record Affect My Illinois Divorce?

 Posted on July 22, 2024 in Divorce

An Arlington Heights, IL divorce attorneyMany 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.

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Illinois State Bar Association Northwest Suburban Bar Association DuPage County Criminal Defense Lawyers Association DuPage County Bar Association Illinois Association Criminal Defense Lawyers American Inns of Court DuPage Association of Woman Lawyers National Association of Woman Business Owners
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