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February 21, 2018 by admin

DUI While Going Through a Divorce

Divorce equals stress. There is no way around it. People going through divorce are often dealing with overwhelming stress while navigating not only through the emotional and financial woes of ending a marriage, but also navigating through the family court system.

The last thing a person dealing with this major life event needs to worry about is being arrested and charged with drunk driving, as a criminal attorney Fairfax VA relies on can attest. Unfortunately, it happens, far more often than you would think. A DUI charge can affect divorce the following ways:

Adds Even More Emotional Stress

Even if you are going through a “friendly” divorce, there is still so much to deal with, no matter how well you and your soon-to-be ex-spouse get along. But throw in a DUI charge and the fragile truce between you and your spouse could collapse over the negative impact this charge can have on you and the relationship you have with  your spouse, your children, family, and friends.

Depending on the circumstances of your DUI case, you will likely have your license suspended for some period of time. This often leads to issues with transportation, especially when you are supposed to be sharing parenting duties with your ex but you are no longer able to pick the children up for parenting time, take them to school, extra-curricular activities, or other places they may need to go.

If alcohol issues contributed to the breakdown of your marriage, then the DUI arrest could be enough to chase all goodwill between you and your ex right out the door and you are suddenly involved in an acrimonious divorce with a DUI conviction hanging over your head.

Adds Even More Financial Stress

Divorce is expensive. There are the attorney and court filing fees. There is also the added financial burden of going from a two-income household to a one-income household. If you were the spouse who moved out of the family home, you likely had to come up with a good chunk of money for a new place to live, furniture, household items, and more. There may also be a child support obligation you have been ordered to pay.

A drunk driving arrest means hiring another attorney to represent you against the charges. There may also be court fees, fines, penalties, and other expenses associated with the arrest.

You may also suffer a loss of income if you end up having to serve any jail time if you are convicted of the DUI.

Child Custody Impact

A DUI charge will likely have an impact on any child custody issues you are trying to work out with your spouse. The court has the best interest of the child as its number one priority and if there is anything that could put the child in harm’s way, the court will consider that when deciding how parenting time will be divided. If there is any indication that one parent has a drinking problem, the court will not be inclined to award that parent custody.

Your spouse’s attorney will likely argue for sole custody and there is a strong possibility the court will agree.

Thanks to our friends and contributors from Dave Albo Attorney for their insight into criminal defense.

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