When you're going through a divorce, emotions are already running high. But if you or your spouse has a criminal record, it can add another layer of complexity to an already difficult situation. A criminal history can impact how a judge divides property, determines child custody, and even influences spousal support decisions. Understanding these potential effects can help you prepare for what's ahead and protect your rights during this challenging time.
If you're facing a divorce and are concerned about how a criminal record might affect your case, don't wait to get help. Contact The Law Offices of Jason D. Baltz today at (414) 375-0797 or through our online contact form for compassionate guidance tailored to your unique situation.
Understanding Property Division in Wisconsin Divorces
Wisconsin is what's called a "community property" state. This means that most property acquired during a marriage is considered jointly owned by both spouses, regardless of whose name is on the title. When a couple divorces, the court aims to divide this property fairly between both parties.
However, "fair" doesn't always mean "equal." Wisconsin law gives judges the flexibility to consider many factors when deciding how to split assets. These factors may include:
- The length of the marriage
- Each spouse's contributions to the marriage (financial and otherwise)
- The economic circumstances of each party
- Any interruptions to one spouse's career or education
- The health and age of each spouse
A criminal record can become relevant in this process, especially when it affects a person's ability to earn income or has caused financial hardship to the family.
How Criminal Records Impact Financial Considerations
A criminal conviction can have lasting effects on someone's financial situation, and these effects don't disappear just because you're getting divorced. Courts recognize that criminal history can influence both current and future earning potential.
Loss of Income and Career Opportunities
If one spouse has a criminal record, they may face challenges that affect the couple's overall financial picture. Many employers conduct background checks, and certain convictions can disqualify someone from specific jobs or professional licenses. This can lead to:
- Reduced earning capacity compared to what the person might have earned without a record
- Periods of unemployment or underemployment
- The need for additional education or retraining to find work in a different field
When dividing property, a judge might consider these limitations. If your criminal record has limited your ability to earn income, the court may award you a larger share of marital assets to help you move forward financially.
Financial Consequences of Criminal Behavior
Criminal cases often come with financial penalties like fines, restitution payments, or legal fees. If these costs were paid with marital funds, they could affect how property is divided.
For example, if one spouse's criminal conduct resulted in significant legal bills or forced the family to dip into savings, a judge might consider this when determining a fair distribution. The court may view these expenses as having depleted marital assets unfairly, which could influence the final settlement.
Criminal Records and Child Custody Considerations
While this article focuses primarily on property division, it's important to understand that a criminal record can also affect child custody and placement decisions. This, in turn, can have financial implications that relate to property division.
The Best Interests of the Child
Wisconsin courts make custody decisions based on what's in the child's best interests. A parent's criminal history—especially convictions involving violence, drug offenses, or crimes against children—can raise concerns about safety and judgment.
If one parent receives less placement time due to a criminal record, this can affect:
- Who keeps the family home (courts often prefer to maintain stability for children)
- How vehicles are divided (the primary custodial parent may need reliable transportation)
- Child support obligations (which affect each spouse's financial resources post-divorce)
Understanding these connections can help you see the bigger picture when negotiating your divorce settlement.
When Criminal Conduct Causes Marital Debt or Asset Depletion
Sometimes criminal behavior directly affects the marital estate. This can happen in several ways, and courts have the authority to address these situations when dividing property.
Dissipation of Marital Assets
"Dissipation" is a legal term that means one spouse wasted or misused marital assets for purposes unrelated to the marriage. If criminal conduct led to financial losses, this might be considered dissipation. Examples include:
- Using marital funds to purchase illegal drugs
- Spending joint savings on gambling debts related to illegal activity
- Incurring legal fees for criminal defense when the crime harmed the family
If a judge finds that one spouse dissipated marital assets through criminal behavior, that spouse might receive a smaller share of the remaining property to balance out the losses.
Restitution and Future Financial Obligations
If someone has been ordered to pay restitution as part of a criminal sentence, this obligation doesn't go away after divorce. Courts will consider ongoing restitution payments when determining each spouse's financial situation.
These payments can affect:
- Spousal support (also called maintenance) calculations
- Each party's ability to maintain their standard of living
- The overall fairness of the property division
The Importance of Full Disclosure
During a divorce, both spouses are required to fully disclose their financial situations, including any criminal history that might affect finances. Failing to disclose a criminal record—especially if it has financial implications—can have serious consequences.
If you attempt to hide relevant information about your criminal history or its financial impact, you risk:
- Losing credibility with the judge
- Having the settlement agreement modified later if the information comes to light
- Facing sanctions or penalties for not being truthful
Honesty is always the best approach. Working with an attorney who understands both criminal defense and family law can help you present your situation in the most favorable light while remaining truthful.
Protecting Your Rights During Divorce
If you're concerned about how a criminal record might affect your divorce settlement, there are steps you can take to protect your interests.
Document Everything
Keep detailed records of:
- Your employment history and any challenges you've faced due to your record
- Financial contributions you've made to the marriage
- Any rehabilitation efforts, such as counseling or treatment programs
- Character references from employers, community members, or treatment providers
This documentation can help demonstrate your commitment to moving forward and your value as a spouse and parent.
Consider Rehabilitation Evidence
If you've taken steps to address the issues that led to your criminal record, make sure your attorney knows. Evidence of rehabilitation might include:
- Completion of substance abuse treatment
- Anger management or domestic violence programs
- Steady employment history since the conviction
- Community service or volunteer work
Judges appreciate seeing that someone has learned from past mistakes and is working to build a better future.
Seek Experienced Legal Guidance
Navigating a divorce when criminal records are involved requires someone who understands the intersection of family law and criminal law. An attorney with experience in both areas can help you understand how your specific situation might be viewed by the court and develop a strategy to protect your rights.
Moving Forward with Confidence
A criminal record doesn't have to define your future, even during a divorce. While it may influence certain aspects of your settlement, Wisconsin courts aim to reach outcomes that are fair to both parties and, when children are involved, in the children's best interests.
Every divorce case is unique, and the impact of a criminal record will depend on many factors: the nature of the conviction, how long ago it occurred, what you've done since then, and how it has affected your family's finances. With the right legal support, you can navigate this process with dignity and work toward a resolution that allows you to move forward.
Get the Support You Need Today
Going through a divorce is never easy, and concerns about how a criminal record might affect your settlement can make it even more stressful. You don't have to face this alone. The Law Offices of Jason D. Baltz understands the complexities of divorce cases involving criminal histories and is here to provide the compassionate, knowledgeable guidance you need.
Whether you're worried about how your own record might affect property division or you have concerns about your spouse's criminal history, we can help you understand your rights and options. Don't let uncertainty hold you back from securing the future you deserve.
Call us at (414) 375-0797 or reach out through our online contact form to schedule a consultation. We're here to listen, answer your questions, and fight for your best interests every step of the way.