Criminal and family law might be two entirely different practice areas, but they often intersect. If you have one or more convictions, for example, and have decided to get divorced, you may be wondering how it could affect the proceedings. Here are just a few ways that having a criminal record might impact your separation agreement. 

Custody

Fighting for child custody is inherently stressful, and it can be especially challenging for those with a criminal record. Family law judges might consider several factors when determining custody, and you can be sure the criminal history of both parents is one of them. Whether any previous convictions will influence the proceedings depends on the nature and severity of each offense, as well as your current lifestyle. If you have multiple DUIs, for example, a judge might assume you struggle with substance abuse and are therefore unable to provide a stable home.

Domestic Violence

Divorce proceedings can get contentious, and it’s not uncommon for one spouse to request a restraining order against the other. When considering such requests, judges review each party's record. If the alleged offender has a history of violent transgressions, like assault and battery or domestic violence, the restraining order will likely be granted. This can complicate the proceedings considerably, especially if children are involved. 

Asset Division 

Family law judges require those pursuing divorce to disclose all of their assets and debts. If your spouse accuses you of hiding property, they will need sufficient proof to back it up—unless you have a criminal record. If you were convicted of fraud, theft, bribery, tax evasion, embezzlement, money laundering, or any other financial crime—or your record indicates a history of deception in general—the judge will likely take such accusations seriously, even if the opposing party cannot provide any real evidence. 

If you’ve decided to end your marriage, it’s wise to seek legal counsel, especially if you have a criminal record. To discuss your situation with a knowledgeable family law attorney, get in touch with Coyne, Cundiff & Hillemann, P.C. Serving clients throughout St. Charles County, MO, this firm is led by skilled trial lawyers who have nearly 80 years of combined experience in the legal field. To learn more about the unparalleled counsel they provide, visit their website, and call (636) 561-5599 to schedule an initial consultation with a divorce attorney.