Navigating through divorce is a challenging feat on its own, but even more so if your spouse is charged with a criminal offense while you are in the middle of your divorce proceedings. Whether the charge involved harassment, robbery or white-collar crimes, your spouse’s wrongdoings should not stop you from pursuing your divorce case.
In this blog, we will discuss how a criminal charge can affect divorce proceedings and how it may influence the family courts’ rulings.
My spouse is under investigation. Should I withdraw our divorce case?
Even if your spouse has a pending criminal case, you still have the right to move forward with your divorce. Although it may add a layer of complexity to the process, Texas family courts will still continue with your divorce case.
However, it is important to note that there will be some delays on your case’s timeline, especially if your spouse’s investigation conflicts with your divorce hearing schedules or if the criminal case relates to family violence.
How will this affect our custody and visitation decisions?
The court will prioritize your children’s best interests when deciding child custody and visitation orders. Therefore, a previous or ongoing criminal charge plays a vital role in the court’s rulings, especially if one parent has a history of assault, abuse or repeated drug offenses.
Depending on the facts of the case, the court may:
- Order supervised visitation for the charged parent
- Temporarily suspend visitation of the charged parent
- Award full legal and physical custody to the non-charged parent
If you are afraid of your spouse or worried of your children’s physical and mental well-being, it is crucial to seek emergency help or request court-ordered protections such as a kick-out order or a protective order as soon as possible.
You are in control of your own life
Even if your spouse is still undergoing their criminal trials, their personal actions are not a reflection of you and your children’s lives. With courage, your family’s support, and legal guidance, you can push through your divorce proceedings with ease and seek the life that you deserve.