Attorney
Divorce is difficult, but it becomes even more complicated when one spouse is facing criminal charges. Whether those charges involve assault, drug possession, or white-collar crimes, the situation can quickly become overwhelming. We’ve helped many people in West Texas deal with both divorce and criminal matters at the same time, and we understand how stressful and uncertain this process can feel.
In this blog, we’ll walk you through how criminal charges can affect your divorce, especially when it comes to child custody, property division, and protecting yourself during the process.
How Criminal Charges Can Affect Divorce Proceedings
Even if your spouse is under criminal investigation or awaiting trial, you still have the right to file for divorce. A pending criminal case doesn’t put your life on hold, but it can create additional layers in the process.
Some of the ways criminal charges may affect a divorce include:
- Court scheduling conflicts – A spouse in jail may not be able to attend divorce hearings in person.
- Delays – The criminal case might delay progress in the divorce, especially if it relates to domestic violence or abuse.
- Communication breakdowns – Protective orders or incarceration may cut off direct communication.
Despite these issues, Texas family courts will continue the divorce process. We’ll help you keep things moving and adjust the approach based on your spouse’s legal situation.
How Child Custody and Visitation May Be Impacted
When one parent faces criminal charges, especially for violent or drug-related offenses, Texas courts take those allegations seriously when making custody decisions.
The judge’s primary concern is the child’s best interests. Depending on the facts of the case, the court may:
- Order supervised visitation
- Suspend visitation temporarily
- Award full custody to the non-charged parent
- Consider long-term restrictions if the conviction involves child abuse or family violence
If your spouse is in jail, visitation may be severely limited or not allowed at all. And if you’re worried about your child’s safety, we can help you seek emergency relief or court-ordered protections. The more documentation you can provide, such as police reports or witness statements, the stronger your case will be.
Dividing Property and Finances Fairly
Texas is a community property state, which means most assets and debts acquired during the marriage belong to both spouses. However, when criminal conduct plays a role, the court may consider it when deciding how to divide things.
For example:
- If one spouse used marital funds for illegal activities, the other may receive a larger share of the remaining assets.
- If your spouse committed fraud or financial misconduct, that can influence the judge’s decisions about fairness.
- Property tied to criminal charges—like a home used in a drug operation—might be seized or tied up in criminal proceedings.
We’ll work with you to assess what assets are on the table and advocate for a fair outcome, even when criminal activity has made the picture more complicated.
Protective Orders and Planning for Safety
Your safety is a top priority. If you’re leaving a marriage where violence, threats, or harassment are involved, a protective order can help you regain control and peace of mind.
A Texas protective order can:
- Prohibit your spouse from contacting you or your children
- Award you temporary custody of your kids
- Remove your spouse from the family home
- Require the surrender of firearms
We can help you apply for one quickly and guide you through the next steps. It’s also a good idea to create a safety plan, especially if you’re concerned about how your spouse might react to the divorce.
Why It Helps To Work With a Divorce Attorney During Criminal Proceedings
If your divorce overlaps with your spouse’s criminal case, working with an experienced divorce attorney is more important than ever. The two cases may share facts, timelines, or witnesses, so it’s important not to make missteps that could impact either one.
We coordinate carefully to protect your interests and keep things on track. We also understand how to move forward with limited communication or court restrictions in place. You don’t need to manage this alone—we’re here to handle the legal details so you can focus on your future.
Looking Ahead: Let Us Help You Move Forward
Divorce is never easy, but it can be even more stressful when a spouse is facing criminal charges. You deserve support and a clear path forward. At Navarette & Schwartz, P.C., we’ll work with you to protect your rights, your children, and your peace of mind.
If you’re thinking about divorce and your spouse has been charged with a crime, call us today. We’ll help you take the next steps confidently and carefully.