Facing Abuse Allegations During A Divorce: Why You Need To Consult Both A Divorce & A Criminal Attorney
Posted on: 23 March 2021
Not surprisingly, emotions tend to run extremely high in divorce cases. All too often, these emotions lead individuals to make accusations of abuse against their soon-to-be ex-spouse. These allegations can impact many aspects of the divorce, including child custody, the voiding or validation of a prenuptial agreement, and the accused spouse's right to remain in the family home until the divorce is finalized. However, these allegations can also result in criminal charges being filed. While the issues of criminal law will be handled separately from the divorce itself, these two cases will still have the ability to affect one another. This is why it is so important to consult both a divorce attorney and a criminal attorney if your spouse has made accusations of abuse against you as part of your divorce proceedings.
When Worlds Collide
Just because your divorce case and your criminal case are being dealt with separately does not mean that what happens in one case will not impact the other. For instance, while you will likely wish to testify in your divorce case in order to address the allegations of abuse against you, any testimony that you give in divorce court can be used against you in criminal court. This fact remains true even if the testimony you give is not provided in open court but is part of a deposition or settlement negotiation. On the flip side, being convicted of or acquitted of the allegations against you can have an impact on the outcome of your divorce case.
Since the likelihood of your legal worlds colliding is so high when dealing with these types of accusations, it is important to ensure you have a criminal lawyer on your team and that this attorney is prepared to work closely with your divorce attorney in order to achieve a common goal. By working together, your attorneys will be able to ensure you do not take any steps that could potentially harm any aspect of your other case.
Choosing a law firm that offers both criminal and divorce attorney services is a great way to ensure that your attorneys are able to effectively work together to achieve the best outcome in your case. Selecting a law firm that is able to meet both of your legal needs may also help to reduce your overall legal expenses since you will likely be able to avoid paying a second retainer fee in order to gain access to the expertise of both a criminal and a divorce attorney.
To learn more, contact a divorce attorney.
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