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Will a DUI Have Any Effect On My Divorce?

Posted in Criminal Defense, Divorce, Family Law on Wednesday, November 30th, 2022

A DUI during divorce proceedings can have a significant impact on the outcome of your case. If you are facing charges of DUI, your spouse may use this as leverage against you in court. They may argue that you are irresponsible and unreliable, which should be considered when determining custody arrangements. Additionally, the judge may order you to abstain from drinking alcohol or driving as a condition of your divorce settlement.

If you have been convicted of a DUI in Illinois and are concerned about the implications during a divorce, our attorneys at Sabuco Beck, P.C. can help. Read more below. 

What are the possible implications of a DUI during divorce?

A DUI conviction carries the consequences of paying off fines, receiving substance abuse counseling, and potentially serving jail time. Piling on the effects of driving under the influence can add even more stress to an already difficult situation. It is essential to consult with an experienced attorney who can help you navigate the legal process and protect your rights.

Here are three ways that a divorce case could be affected by a DUI filed against you during a dissolution of marriage:

1. Increased Emotional Stress

The fallout of a DUI may lead to depression for one or both parties, affecting work life, home life, and relationships with others. Your ex-spouse is likely to become frustrated, angry, and disappointed, and their anxiety will be even greater if there is an existing drinking problem. Even if your divorce proceedings have been amicable up to this point, the DUI charge will likely change that. 

2.  Child Custody Implications

For parents going through a divorce, one of the biggest challenges is agreeing on child custody. In most cases, both parents want what is best for their children and are willing to work together to ensure their needs are met. However, when one parent is charged with DUI, the custody battle can create a new level of stress and controversy.

Typically, courts will view a parent with a drinking problem as unfit to care for young children. The other parent will have little to no say in their child’s education, medical treatment, or other essential matters. As a result, the non-DUI spouse may be awarded sole custody of the children.

3. Added financial demands and concerns.

A DUI charge will add to your overall legal expenses. You will likely need to hire an attorney to help you with your case, and if you are convicted, you may be required to pay fines or other penalties. In addition, the question of who will pay for your legal expenses can become a point of contention in your divorce. If your spouse believes your marital funds should not be used to pay for your DUI defense, it can lead to other disagreements and delays in your divorce proceedings.

Legal experience matters. Call our experienced family law attorneys today.

Have you been convicted of a DUI while in the middle of a divorce proceeding? We can help. During this stressful and challenging time, obtaining time-sensitive legal assistance from our attorneys at Sabuco Beck, P.C. can significantly impact your case. Call us today. 

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