If you have a pending criminal case while going through a divorce, it is essential to understand how this can impact the court’s decisions. It can help you prepare for potential complications and protect your interests during divorce.
Below are some aspects of your divorce that can be affected by a criminal case in Arizona.
Child custody
Courts prioritize the best interests of the child when issuing custody orders to help ensure their safety and well-being. As such, the court may deem a parent with a criminal record or ongoing case unfit for primary custody. It can be a basis to deny custody or limit your time with your children.
Division of marital assets
Arizona is a community property state, which means each spouse is entitled to half the assets acquired during the marriage. However, this can be influenced by criminal activity. For instance, the court may adjust the division of property to compensate your spouse if you have been involved in illegal activities like fraud that resulted in significant financial loss or depletion of marital assets.
Spousal support
A criminal case can also affect spousal support (alimony) decisions. If one spouse is a victim of the other’s conduct that led to a criminal conviction, they may be entitled to compensation for the damages they suffered. This is one of the many factors considered when determining the amount and duration of alimony in Arizona.
It is worth pointing out that the nature of your charges matters. The actual impact of a criminal case on your divorce depends on the unique circumstances of your case. Seeking legal guidance can help you understand your rights and options in navigating the complexities involved in such situations.