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Will Criminal Charges Affect Your Long Island Divorce?

by | Jul 30, 2019 | divorce, Domestic Violence, News and Events

Although criminal charges and family legal matters are handled in two different courts, they sometimes overlap. When they do, one may impact the other. Often, it’s criminal charges incurred during a divorce that affect the divorce instead of vice versa. Find out how a divorce influenced by criminal charges and when should you contact a divorce attorney?

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What Kinds of Criminal Charges Are Common in Long Island Divorce Cases?

While any kind of criminal charge can coincide with a divorce, it may or may not be directly related to the divorce. Some charges are, however, more common than others in family legal matters.

Domestic Violence

Domestic violence is all-too-frequently seen in Long Island divorce cases. Often, abuse causes the need for divorce. However, false allegations of domestic violence in a divorce are also common as one spouse attempts to gain the upper hand over the other.

DUI and Drug Offenses

Divorces are emotional and people may choose to self-medicate depression, anxiety, anger, and sadness. This can lead to drunk driving or drug possession charges, among other drug and alcohol-related offenses. Or, parents may already be involved with drugs and the divorce causes this information to come into the hands of authorities.

Parental Kidnapping

Parental kidnapping occurs when one parent takes the child without the permission or knowledge of the other parent. Many times, this is unintentional; they may have misunderstood visitation times. This is particularly common with new custody orders or when a custody order is modified. However, often a parent may intentionally take the child with the purpose of keeping them away from the other parent.

How Criminal Charges Affect the Divorcing Family

Criminal charges are difficult at any time, however, they can add unique challenges to an already strenuous situation. If your spouse was arrested and needs bail money, you may object to marital funds being used. Or, you may want your spouse out of jail to continue earning an income or helping care for your children. The loss of your spouse’s license after a DUI can be problematic, especially if you live in an area without good public transportation. You might be stuck driving your spouse to and from their place of employment if it’s important to you that they continue working.

Additionally, criminal charges can add layers of emotion to a divorce. Domestic violence, in particular, causes significant trauma and psychological distress, however, even just the process of getting arrested and charged with any crime can be emotionally draining when it coincides with a divorce. Children are often distressed by seeing a parent go through criminal proceedings, especially if they’re old enough to have a basic understanding of what criminal charges are and how they work.

What Happens If You’re Convicted

If you’re convicted of a crime, this means that a judge or court has found you guilty and you will have to face the imposed consequences. This could include jail time, hefty fines, mandatory counseling, and other penalties that can affect every facet of your life. If you’ve been convicted of a crime, this can also make it more difficult for you to successfully obtain custody of your children. For example, if you were convicted of domestic violence recently or even in the past, a judge will be less likely to award you with as much visitation time as they might have if you didn’t have a criminal record. Some crimes can prevent a parent from getting any custody or visitation at all; for example, a judge may revoke the parental rights of individuals charged with child abuse or child sexual abuse.

When to Talk to a Long Island Family Law Firm

If you or your ex-spouse have been faced with criminal charges during your divorce, it’s important to work with an experienced Long Island family law firm who can help you understand how criminal charges may impact your divorce case.

We’re dedicated to providing our clients with comprehensive legal advocacy during difficult times, and we offer aggressive, zealous support both in divorce court and in settlement negotiations. Our goal is to protect your rights and best interests under Long Island law throughout your divorce. Contact us today for a free initial consultation at 631-923-1910.

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Everett Roberts
Everett Roberts
14:30 18 Mar 20
Going through a divorce was very challenging and emotional. Searching for an attorney can be challenging as well when you consider everything that is at stake. The choice I made to work with Rob Hornberger was surely the best choice available. His professionalism, expertise, and understanding made him and the entire team perfectly suited to achieve the outcomes I desired. Rob was always available to answer my questions and give me advice and legal considerations that affected my situation. The support I received from his staff was exemplary as well. The staff was courteous, kind, and also very professional. Thank you so much Rob and team for a worry free experience.
Annemarie Cusumano
Annemarie Cusumano
21:41 17 Mar 20
Being in family court especially when your children are on the line is extremely emotional and stressful but working with Robert and Christine put me at ease and made the process as pleasant as a situation like that can be. I have a now 3 year old daughter (who is the most important person in my life) and I've been working with them for over two years since my daughter was 7 months old, the case has been up and down and through it all Rob and Christine have never given up. My original case was due to a neglect charge. Cps is not easy to work with, but Rob and Christine were vigilant and I ended up getting my daughter back within 8 months and did not have to plead guilty to the neglect. Currently I am in family court to figure out a custody agreement. They are professional, empathetic, and patient. They have always explained everything thoroughly, informed me of all my options and advised me of what my best option would be. They always respond quickly when I contact them with questions or concerns and most importantly they fight for me in court and don't give up even when things get rough. Before hiring Rob and Christine I met with other attorneys who did not make me feel confident or comfortable at all about my case, so I am very grateful to have found Rob and Christine and to be represented by such great attorneys. I highly recommend them for any family court matters and will definitely continue to use them in the future if needed.
Steven Frierman
Steven Frierman
02:25 07 Mar 20
After meeting with 3 different lawyers, we felt Robert understood us best and he genuinely had our best interests at heart. This helped us resolve a few minor issues in a timely fashion and make a potentially stressful situation go more smoothly.Thank you
Randi Gottlieb
Randi Gottlieb
18:47 03 Mar 20
Hornberger Verbitsky, P.C. - Mr. Robert Hornberger and his staff are beyond professional, they quickly gave me my consultation appointment, and helped me with an after-Divorce issue. Mr. Hornberger was empathetic and explained to me what I should expect. Mr. Hornberger was extremely professional and advised me of my options, he helped me proceed with accurate and smart decisions. I wish I had Mr. Hornberger and his highly recommended staff when I was getting divorced. I would highly recommend Robert and his staff to anyone who is getting a divorce or in need of help with situations after the divorce!
Rob Spielmann
Rob Spielmann
22:15 27 Feb 20
They made our process so easy. They were there to answer and help with any questions that came up. Very friendly

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