How Pending Criminal Charges Impact Your Divorce Case
September 14, 2021 | Category: Divorce
![Photo of handcuffs with fingerprints report in the background](https://www.1900law.com/wp-content/uploads/pending-criminal-charges.jpg)
Pending or Existing Criminal Charges During Divorce Proceedings
A pending criminal charge is a charge you may face if a prosecutor is currently deciding whether to charge you as is, reduce your charge, or add extra charges. Of course, the prosecutor could also decide to discard the allegation. When you’re navigating divorce, you could face charges that are either related to your divorce case or having nothing to do with it. Examples of charges that are unrelated to your divorce include the misdemeanor of shoplifting, which the divorce case might not consider at all or give much weight. On the contrary, more serious offenses can have a major impact on your divorce case, particularly if the pending criminal charges are directly connected to your child custody and visitation case. For instance, current or past charges of aggravated assault, homicide, kidnapping, or stalking can be grounds for the defendant losing custodial rights. The same is true if you or the other party is charged with a sexual crime, with child endangerment, or with drug- or alcohol-related offenses. Divorce courts prioritize the best interests of the child when making custody decisions. If you can demonstrate that the other parent’s illegal actions adversely impact his or her ability to care for your children safely, then the other party may end up being denied child custody.Considerations When Facing Pending Criminal Charges During Divorce
![Police car with lights on at night on a city street](https://www.1900law.com/wp-content/uploads/criminal-charges-san-diego-arrests-police-512x342.jpg)