A DUI conviction can do much harm to your character in divorce proceedings. It’s common for a person going through a divorce to seek out more social engagements. You may be dating again or spending time with friends out on the town. You need those support systems, but if a night out turns into a DUI charge, you need to know how a potential conviction might affect your divorce.
The implications on your divorce proceedings
Here are four possible outcomes of a DUI charge or conviction on your divorce:
- Driving your children: A judge will weigh several factors in the decision whether you can transport your children safely. These factors will include prior DUI convictions, if a child (especially one under the age of 14) was in the car at the time of the arrest, and if the incident is indicative of risky behaviors.
- Child custody: The judge overseeing child custody hearings will undoubtedly take a DUI conviction into account.
- Serving jail time: If you serve jail time, this would have significant implications if it prevents you from taking custody of your children during an allotted schedule. Jail time can create major damage to your existing or potential child custody.
- Added financial strains: In addition to the legal costs of a divorce and the division of assets that result from it, a DUI conviction can include high fines, court costs and additional legal fees. The combination of the two can put you in a tenuous financial situation.
Doing what’s best for your family
The well-being and safety of your children is the most critical factor being weighed by the judge in a divorce. Your spouse could use a DUI conviction (or even a charge) to make an argument for sole custody of your children. It would help if you had a divorce attorney who is an expert in both criminal defense and family law. A well-rounded attorney will help you to sort out your DUI charge and its effect on your divorce and child custody hearings.
