Some people file for divorce after their children leave the home. Others might file for divorce in response to uncovering an extramarital affair. Occasionally, the involvement of one spouse with the criminal justice system can be the reason that the other spouse files for divorce. In some cases, the conviction could actually provide the basis for a divorce filing.
While most Indiana divorces are no-fault cases based on the degradation of the marital relationship, sometimes one spouse pursues a fault-based divorce filing. A felony conviction is one of the grounds for divorce in Indiana.
What does the divorce process entail if it occurs (at least partially) as the result of a criminal conviction?
Elements of divorce are different after a criminal conviction
Particularly in cases where a crime involves violence against family members or results in incarceration, a criminal conviction can have a significant impact on Indiana divorce proceedings. Obviously, someone who is currently in state custody is not in a position to share custody of their children. The courts may award the other parent primary or sole custody on the basis of the other parent’s incarceration.
In cases involving a no-fault divorce filing, misconduct by one spouse typically has minimal bearing on economic decisions made by judges. In fault-based divorces, judges may consider the economic impact of an individual’s crimes when deciding how to split up marital property.
Incarceration does not prevent someone from attending family court hearings. They may be able to secure a lawyer to attend on their behalf. They could also attend in person themselves or digitally in some cases. Although the same basic laws apply regardless of the reason for the divorce, the judge’s perception of the situation is an important element of Indiana divorce proceedings.
The convicted spouse could very well find themselves fighting an uphill battle to receive equal treatment and consideration in the family courts because of their history. Someone who has already suffered through complicated criminal court proceedings may fear returning to court for family law matters such as a pending divorce.
Getting the right information and assistance can help those preparing for a divorce after a conviction for a criminal offense. An attorney can educate someone about their rights, represent them in court and advocate for the best outcome possible given the circumstances.