Implications of Divorce During a Criminal Investigation in New Jersey

Navigate the complexities of divorce when charged with a crime or being under criminal investigation in Southern New Jersey

Divorce During a Criminal Investigation in NJThe divorce process is long and arduous, requiring hours of decision-making, negotiating, and planning for a future very different from what was once imagined.  Alimony, child support, child custody, and the division of property are complex hurdles to overcome under the best of circumstances.  Being under criminal investigation can further complicate the situation and exacerbate the divide between you and your spouse while placing bone-crushing pressure on your financial resources.  Keeping up with two legal processes at one time can be incredibly stressful as the person’s future, freedom, finances, and family relationships risk being lost.  At this challenging time, acquiring experienced legal representation in criminal and family law is a must to protect and advocate for your rights.

Seeking expert legal advice is crucial in ensuring the best possible outcome for both your criminal case and your divorce. The attorneys at Bronzino Law Firm attorneys are well-versed in both family and criminal law, ensuring you receive comprehensive guidance to protect your rights and interests during this trying time. We serve clients in Belmar, Bay Head, Brick, Holmdel, Manasquan, Red Bank, Point Pleasant, Manalapan, Tinton Falls, and across Ocean and Monmouth County. Contact us today at (732) 812-3102 for a free consultation to discuss your case.

When Divorce Involves Criminal Charges in New Jersey

Emotional and psychological stress can take a toll on someone who is facing criminal charges while involved in a divorce case and can lead to depression, anxiety, or other conditions.  Pondering the potential outcomes, such as loss of child custody, financial ruin, or possible incarceration, can produce overwhelming fear and dread when combined with the pressure divorce can bring.  Uncertainty requires planning for various outcomes, and a complex case like this requires specialized attorneys.  Court costs, legal fees, and potential fines can deplete the household’s resources and influence alimony, child support, and the distribution of assets.  The assets may be frozen during a criminal investigation, limiting access to money needed for everything from daily expenses to legal costs.  Lastly, protective orders, incarceration, frequent court appearances, and other requirements, such as bail conditions, can alter family routines and affect the children’s daily lives.

Kinds of Crimes that can Impact an NJ Divorce Case

Many crimes could impact a divorce case. Fraud and financial crimes, such as tax fraud, insurance fraud, welfare fraud, wire fraud, and money laundering, involve hidden assets, unreported income, or illegal property transfers.  These charges inevitably lead to asset seizures, complicating property division and alimony. Embezzlement can affect the divorce because the ill-gained assets are in bank accounts that may belong to the marital assets.  In the same vicinity are corporate fraud and insider trading.  These can result in forfeiture of assets, financial penalties, and frozen bank accounts until the investigation has concluded.

Accusations of domestic violence and the placement of protective orders can influence custody and visitation arrangements.  The Court’s position is always to protect the child’s well-being, even if that means supervised visits or no visitation.  It goes without saying that charges of child abuse or neglect can drastically affect child custody and could even lead to the termination of parental rights if the Court feels there is a clear danger to the children.  Drug charges such as possession, manufacturing, and distribution can cause assets to be seized and affect child custody.  Sexual offenses such as sexual abuse, sexual assault, aggravated sexual assault, molestation, possession, creation, or trafficking of child pornography sexual misconduct are charges that can hurt child custody.  Theft crimes can affect the household finances and assets at the time of distribution.  The innocent spouse may seek compensation for the value of lost property considered to be theirs.

Custody Battles in the Face of Criminal Allegations in NJ

Criminal charges can affect the Court’s view of your ability as a parent.  Domestic abuse, violent crime, and weapons or drug charges can have the court revisiting your parenting plan.  Each case is different based on the nature of the charges, your criminal record, your willingness to follow bond conditions such as parenting classes, and other stipulations placed on you by the court.  The child’s age and history of violence or substance abuse can also influence the court’s decision regarding parenting time and possible supervised visits.  Evidence related to the allegations found in police reports, witness statements, or other sources that indicate an unsafe environment for the child is taken seriously.

Financial Consequences of Criminal Charges on Divorce in New Jersey

Fighting criminal charges can have a profound effect on your divorce.  Depleted marital assets, as you pay for legal representation, fees, and other unforeseen expenses, can affect alimony, child support, and property division.  A family-owned business used for illicit means can be seized or have its accounts frozen, leaving few financial resources.  Criminal charges can lead to unemployment, particularly regarding crimes such as theft, fraud, drugs, or violence.  The loss of income it creates can cause hardship for everyone involved.

In terms of the equitable distribution of assets, if the accused has supposedly committed financial crimes, the authorities may freeze all financial accounts and seize all assets.  The total value of the estate may be significantly reduced.  Homes, cars, boats, and real estate such as office buildings or rental properties can be seized, leaving the family without collateral for credit to pay their expenses or access to their bank accounts.  If the charges are related to the accused’s job, such as in the cases of embezzlement or fraud, it may require that payment of restitution come directly from the accused’s retirement savings.  Some businesses will disqualify former employees from pension or retirement benefits.

If the accused is convicted and incarcerated, their earnings will be reduced to almost nothing, and their ability to pay will be greatly affected. They may have to petition the court to modify or eliminate all financial support until they can pay, which places an enormous economic burden on the accused’s family. Courts frequently prioritize child support over other financial obligations such as fines, restitution, and penalties.

How Criminal Investigation Findings can be Used as Strategic Evidence in New Jersey Divorces

Implications of Divorce when Charged with a Crime in Ocean County, NJTransparency is important in both a criminal and family law situation.  Criminal activities such as domestic violence, threats, child abuse or neglect, using illicit substances, or weapons charges can be used to request supervised visits with the children or elimination of visits altogether to keep them safe.  Evidence from a criminal investigation can be used to challenge the moral character or credibility of a spouse.  The court could doubt the accused’s honesty and sincerity if deception and shady dealings can be proven.

Financial forensic evidence used during a criminal case can provide the family court with hidden assets or the use of marital assets from illegal actions.  The court may award the other spouse a larger share of the remaining estate or more alimony as compensation if there is evidence of misdeeds.  Prior convictions can give the court a better context of a spouse’s behavior, especially regarding domestic violence or substance abuse.

Benefit from our Lawyers’ Guidance Through Divorce During a Criminal Investigation in Howell, NJ

It is exceptionally challenging to go through the divorce process while managing criminal charges. It is crucial to understand how one process can affect the other. Financial difficulties, multiple court appearances, possible incarceration, and financial woes can all seem insurmountable. You can benefit from a skilled attorney handling your criminal and divorce matters. Our skilled lawyers at Bronzino Law Firm can provide tailored representation to your circumstances. We will address several related aspects of both cases, such as restraining orders, child custody, and the division of assets.  You will always be well-informed as we find effective solutions for your circumstances. Whether it is negotiating a plea deal or an equitable distribution of assets, we will work hard and advocate for your rights.

You aren’t alone. Contact us at (732) 812-3102 to speak with a family law attorney experienced in handling the complexities of divorce during a criminal investigation. We provide compassionate and strategic representation in Sea Bright, Beach Haven, Freehold, Toms River, Howell, Neptune, Wall, Ocean Township, and throughout Ocean and Monmouth County. We can discuss any legal options with you.