Divorce is a challenging process on its own, but when one spouse has a criminal record, it can further complicate matters. In New Jersey, family courts take various factors into account during a divorce, and a criminal history can affect key aspects such as child custody, alimony, and property division. If you or your spouse has a criminal record, you need to know how it can impact your divorce, including child custody and alimony. Let’s get started.
Key Takeaways
- A criminal record includes arrests, charges, convictions, sentences, and other related information.
- Convictions for violent crimes or substance abuse can lead to restricted custody or supervised visitation, while child endangerment convictions can severely limit custodial rights.
- Criminal records affecting income or involving financial misconduct can influence alimony decisions and property division.
- Domestic violence convictions can lead to restraining orders impacting custody, visitation, and property rights.
- Working with an experienced family law attorney is essential to navigate the complexities of a divorce involving a criminal record.
What Goes on a Criminal Record?
A criminal record is an official document that provides a history of an individual’s criminal activity. It typically includes information about arrests, charges, and convictions. The details that appear on a criminal record can vary depending on the jurisdiction, but here’s what generally shows up:
- Arrests
- Charges
- Convictions
- Sentences
- Acquittals and Dismissals
- Parole and Probation Information
- Warrants
- Juvenile Offenses
- Expunged or Sealed Records
Impact on Child Custody and Visitation
When it comes to child custody in New Jersey, the court’s primary concern is the best interests of the child. A parent’s criminal record, especially if it involves violence, substance abuse, or any offense that could jeopardize the safety and well-being of the child, will likely influence custody and visitation decisions.
- Violent Crimes: If a spouse has been convicted of a violent crime, the court may determine that they are unfit to have primary or even joint custody of the children. In some cases, the parent may only be allowed supervised visitation, or their visitation rights may be revoked altogether.
- Substance Abuse: If a criminal conviction involves drug or alcohol-related offenses, the court may require the parent to undergo substance abuse treatment or regularly submit to testing before being allowed any form of custody or unsupervised visitation.
- Child Endangerment: A criminal conviction related to child abuse, neglect, or endangerment is particularly damaging in custody cases. Courts take these matters seriously, and a parent with such a record may face significant restrictions on their access to their children.
Impact on Alimony and Property Division
New Jersey uses the principle of equitable division, meaning that assets are divided up based on fairness. In other words, it is rarely an even 50:50 split. Furthermore, alimony and property division are viewed from several angles, including the financial needs of each individual, the length of the marriage, and other factors. While a criminal record may not directly disqualify someone from receiving or paying alimony, it can still influence the court’s decision.
For example, if criminal activity directly affected income, the incarcerated spouse may be unable to gain an income and therefore be unable to pay alimony. The court may consider whether their financial hardships are self-inflicted as a result of their criminal behavior.
Furthermore, if the criminal record involves financial fraud, embezzlement, or hiding assets, it could lead to more scrutiny during property division. The court may take these actions into account when determining how to divide marital property fairly.
Restraining Orders and Domestic Violence
If a criminal record involves domestic violence, it can have a significant impact on the divorce case. New Jersey allows victims of domestic violence to seek restraining orders, which can include provisions related to child custody, visitation, and even possession of the marital home. In some cases, the spouse with a criminal history of domestic violence may lose their rights to shared property or face limitations on their parental rights.
Does Expungement Have Any Impact on a Criminal Record or Divorce?
Expungement may have a positive impact on divorce proceedings but it will not be weighed significantly. When something is expunged from your criminal record, it is effectively removed. In some circumstances, you could claim that you do not have a criminal record at all. However, even expunged records could come to light during the divorce if they are relevant to the issues at hand, such as child custody or financial misconduct.
Protecting Your Rights With a NJ Divorce Lawyer
If you are divorcing a spouse with a criminal record, or if you have a criminal record yourself, it’s critical to protect your rights throughout the divorce process. Criminal records can significantly impact various aspects of a divorce case, including child custody, alimony, and the division of marital assets, as you have read above.
Working with a family law attorney with experiencing handling these kinds of divorce cases is paramount to protecting yourself and your family. At Ziegler Law Group, LLC, we have the experience and knowledge to help you navigate these challenges effectively. By working closely with you, we’ll develop a strategic plan that prioritizes your rights and ensures a comprehensive approach to addressing the impact of a criminal record. Our team is committed to providing personalized representation, guiding you through the legal process, and fighting for the best possible outcome for your case.
Contact a Divorce Attorney in New Jersey Today
Divorcing a spouse with a criminal record—or dealing with your own—can add layers of complexity to your divorce case. Our experienced divorce attorneys at Ziegler Law Group, LLC can help ensure that your rights are protected and that the court considers all relevant factors in making a fair and just decision.
If you are concerned about how a criminal record could affect your divorce, contact us today at 973-533-1100 or fill out our online contact form to schedule a consultation. Let us help you navigate this difficult process and achieve the best possible outcome for your divorce.
