Serving Virginia & Maryland
Divorcing a convicted felon involves unique challenges and considerations. Legal proceedings in these cases often feature distinct financial, custody, and safety issues compared to standard divorces. Facing this situation requires awareness of how a spouse’s felony conviction may affect various aspects of the divorce process.
Your Legal Rights and Options
When divorcing a convicted felon, you retain several rights and options to protect your interests and well-being. In Virginia, the law allows you to file for divorce based on the grounds of a felony conviction, assuming the spouse is sentenced to at least a year in prison, is in fact confined, the conviction occurred after the parties were married, and the spouses did not continue to live together after one spouse learned of the other’s confinement. In Maryland, you can file for divorce by mutual consent, after a six-month separation, or on the basis of irreconcilable differences.
You and your spouse can agree on terms such as asset division, alimony, and child support. However, if reaching an agreement is challenging, the court will make decisions on these matters. In addition, you can request custody and visitation arrangements to ensure the safety and best interests of your children are prioritized. The court typically considers the nature of the felony and its implications on parental fitness when determining custody.
Financial Implications
The financial implications of divorcing a convicted felon can be significant. Asset division may be affected by the felon’s incarceration, as income potential and contributions to marital assets are typically reduced. This can influence the court’s decisions regarding equitable distribution, potentially leading to variations in the final settlement compared to standard divorce scenarios.
Alimony considerations might also differ; the incarcerated individual’s ability to make payments is often limited, impacting support agreements. Child support calculations may be adjusted due to the felon’s employment status and earning capacity. It’s essential to address these financial considerations early in the process to ensure a fair outcome.
Custody and Visitation
Custody and visitation rights are particularly complex in cases involving a convicted felon. The primary concern in such scenarios is the children’s welfare and safety. Courts in Virginia and Maryland carefully consider the nature of the felony and its impact on the parent’s ability to provide a safe and nurturing environment when determining custody arrangements.
If one parent is incarcerated or has a criminal history that poses a risk to the child’s well-being, the court may order supervised visitation or restrict visitation rights entirely to protect the child. The type of crime committed, the time since the conviction, and the parent’s behavior post-release are significant factors in these decisions.
In crafting a parenting plan, the focus is always on the best interests of the child, balancing the importance of maintaining a relationship with both parents against the potential risks involved. It’s essential to present a clear case demonstrating how the convicted parent’s involvement affects the child, whether positively or negatively, to ensure the court makes an informed decision.
Safety and Protection Measures
When divorcing a convicted felon, prioritizing safety and protection is crucial. If there are concerns about personal safety or the safety of your children, legal measures such as restraining orders or protective orders can be pursued in both Virginia and Maryland. These orders aim to prevent any form of contact or harassment by the convicted felon.
It’s important to document any instances of threats, harassment, or violence to strengthen your case when requesting such orders. Courts take these concerns seriously and can provide immediate temporary measures while the divorce proceedings are ongoing.
Navigating the Emotional Landscape
The emotional landscape of divorcing a convicted felon can be turbulent and distressing. It’s normal to experience a range of emotions, from anger and betrayal to relief and hope for a new beginning. Managing these feelings while facing the legal complexities of divorce requires support and resilience. Seeking counseling or therapy can be beneficial in processing your emotions healthily and constructively. Additionally, leaning on a trusted network of friends and family for support can provide comfort and stability during this challenging time.
Contact an Experienced Virginia Divorce Attorney
Randall J. Borden is here to guide you through every step of your divorce from a convicted felon. We’ll address your concerns and advocate for your best interests. Don’t navigate this challenging time alone. Contact us today for personalized legal support and peace of mind.