Divorce is never simple. But when one spouse is also dealing with criminal charges, the legal and emotional challenges multiply fast. Suddenly, you’re not just dividing property or negotiating custody—you’re trying to do it while navigating a parallel criminal case that could affect everything.
Whether the charges involve domestic violence, drug use, or even white-collar crimes, both courts may influence each other’s decisions. And one wrong move could cost you time with your kids, access to your assets, or even your freedom.
This article breaks down how these legal systems intersect and what to watch out for if you’re caught in the middle.
When Criminal Charges and Divorce Collide
When someone files for divorce and there’s a pending criminal charge involved, things get complicated fast. You’re dealing with two separate court systems—family and criminal—each with its own rules, timelines, and consequences. But even though they’re technically separate, one case can heavily affect the other.
Let’s say a spouse is charged with domestic violence around the same time a divorce begins. That charge doesn’t just exist in a vacuum—it can impact custody arrangements, restraining orders, access to the family home, and how the court views one’s credibility.
As Jonathan Sills, Connecticut DUI & Criminal Defense Lawyers at The Sills Law Firm, LLC, says, “Even charges that seem unrelated to family life, like theft or drug possession, can influence decisions about parenting ability, financial settlements, or spousal support.”
In some cases, criminal charges delay the divorce process altogether. If one party is in jail or on trial, court appearances and paperwork get postponed. In others, the family court may act quickly to protect children or the other spouse, especially if there’s a perceived threat.
It’s also worth noting that emotions tend to run high in these situations. A spouse might use the criminal case to gain leverage—or a criminal charge may have been part of what led to the divorce in the first place. Either way, the legal strategy needs to account for both sides of the law, because they often collide in unexpected ways.
Custody and Visitation at Risk
When children are involved, the court’s top concern is their safety. If one parent is facing criminal charges—especially for violent behavior, drug use, or child endangerment—it can directly affect custody and visitation rights. Even if a person hasn’t been convicted yet, the court may take precautionary steps based on the nature of the charges.
In many cases, a parent with pending criminal charges may be temporarily denied custody. Instead, the court might allow only supervised visitation, or in some cases, no contact at all. This isn’t a punishment—it’s a protective measure.
The court doesn’t wait for a criminal trial verdict when there’s a potential risk to the child’s well-being.
When asked, Jason Wright, Austin Divorce Attorney at The Law Office of Jason Wright, shared, “Even non-violent charges like DUI or drug possession can raise red flags. A judge might question whether the parent can provide a stable environment or make sound decisions. That means even if the criminal case eventually resolves without a conviction, the custody outcome could already be affected.”
If criminal charges are dropped or resolved, the parent can petition to revisit the custody order. But by that point, trust may be damaged and courts may still act conservatively.
That’s why it’s critical to handle both cases with legal care—because what’s at stake isn’t just legal; it’s personal.
Property Division and Financial Impact
Criminal charges can also disrupt the financial side of divorce. If one spouse is arrested or under investigation, access to joint bank accounts, homes, or other assets may be restricted.
Travis Studdard, Georgia Workers’ Compensation Lawyers of Perkins Studdard, shared, “Sometimes, courts freeze assets connected to the criminal case—especially if there’s suspicion of fraud, theft, or financial abuse. That can delay or complicate property division, leaving the other spouse without access to funds they rely on.”
There’s also the issue of legal costs. A spouse facing criminal charges may drain shared savings to pay for defense lawyers, bail, or fines. That can affect what’s left to divide in the divorce. In some situations, the court may even factor those expenses into the divorce settlement—particularly if the charges stem from illegal use of marital funds.
If a conviction results in prison time, it can further complicate matters. For example, selling a home or transferring property might require extra legal steps. And if restitution or criminal penalties are owed, those debts might reduce what’s available in the divorce settlement.
The bottom line: criminal charges don’t just impact someone’s record—they can directly affect what each spouse walks away with when the marriage ends.
Spousal Support Decisions
Criminal charges can tip the balance in spousal support cases. Courts look at a variety of factors when deciding whether one spouse should receive financial support from the other—income, ability to work, past contributions to the household, and sometimes, conduct during the marriage.
Corey Schafer, SEO Specialist at Florin|Roebig, shares, “If one spouse is facing criminal charges, especially for acts like abuse or financial misconduct, it can change how the judge sees their eligibility or responsibility.”
For example, if the person seeking support has been charged with assaulting their spouse, a judge may question whether support is appropriate—even if they’d normally qualify. On the flip side, if the spouse ordered to pay support is in legal trouble, the court may order higher payments, especially if the charges involve controlling or abusive behavior.
A conviction could also reduce someone’s ability to pay. If jail time or probation restricts their ability to work, their income may drop. In those cases, courts may modify or delay payments, or reassess the need for temporary support during the criminal process.
Support decisions aren’t made in a vacuum. Judges often consider the broader context—whether the criminal charges played a role in ending the marriage, or whether one spouse was financially harmed by the other’s alleged actions. That’s why legal strategy in a divorce like this needs to account for both the financial and criminal side of the story.
Protecting Yourself Legally During Divorce and Criminal Proceedings
If you’re facing both a divorce and criminal charges, one of the most important decisions you’ll make is choosing your legal team. In many cases, you’ll need two lawyers—one for family court, one for the criminal case. They should communicate and coordinate strategy because what’s said or agreed to in one court can be used in the other.
Anything you say during divorce proceedings could potentially be used in your criminal trial, especially if the cases involve overlapping facts like domestic abuse or financial misconduct. That’s why your lawyers need to be careful about court filings, statements, and even mediation sessions. Protecting your Fifth Amendment rights in one case might slow progress in the other.
Also, deadlines and hearings often overlap, making it logistically hard to handle both cases. As Timothy Allen, Sr. Corporate Investigator at Oberheiden P.C., shares, “If you’re in custody or under strict bail conditions, appearing for family court may require extra planning. And in some cases, the divorce judge may delay decisions until the criminal matter is resolved—especially in custody or domestic violence disputes.”
This is a situation where trying to “handle it on your own” can backfire. Legal missteps in either case can create a chain reaction that affects custody, assets, reputation, or even your freedom. Having the right legal guidance on both fronts gives you the best chance at protecting your rights and avoiding long-term fallout.
What to Do If You’re in This Situation
If you’re going through a divorce while facing criminal charges, the worst thing you can do is freeze or hope it works itself out. You need to act quickly and carefully—because both courts move fast, and missteps in one can damage your position in the other.
Start by getting legal counsel for both cases. Don’t rely on one lawyer to handle everything unless they specialize in both criminal defense and family law. These are separate areas of law with different rules, procedures, and risks.
Your lawyers should be in touch with each other to coordinate strategy and avoid conflicts that could hurt you down the line.
Protect any evidence that might support your case. This includes text messages, emails, financial documents, witness names, and anything else that could clarify timelines or disprove false claims.
But be careful—don’t talk to the other party or try to “clear things up” on your own. Anything you say, even casually, could be recorded or twisted and used against you.
Also, avoid making statements—written or verbal—that could lead to self-incrimination. Even simple admissions in family court can be used by prosecutors in criminal court. Let your attorneys guide you on what to say and when.
Above all, stay on top of both cases. Missing a court date, ignoring a protective order, or failing to submit documents on time can create a legal mess that’s hard to undo. Being proactive, prepared, and legally protected can make the difference between a complete breakdown and a manageable outcome.
Conclusion
Divorce is stressful enough on its own. Add pending criminal charges, and you’re dealing with a legal maze that demands serious focus and support. Each case affects the other—what you say, how you act, and the decisions you make all carry weight on both sides.
But you’re not powerless. With the right legal team, clear strategy, and careful attention to deadlines and rights, it’s possible to navigate both systems without losing ground. The key is not to panic, not to go silent, and not to go it alone.
Protect yourself, stay alert, and get the guidance you need—because how you handle this now can shape your future long after the cases are over.