Divorce After a DUI in Will County

 Posted on March 13, 2024 in Divorce

DUI is one of the most common criminal charges people have on their records. It is very easy to not think you are too intoxicated to drive and then to be proven wrong after a routine traffic stop. If you are getting divorced with children, your spouse might be threatening to use your DUI against you to get full custody of your children or to otherwise make you look bad. In many cases, this is an empty threat. Having a minor criminal record does not somehow make you entitled to less than your fair share of the marital assets or automatically make you an unfit parent. However, it is important to be represented by an aggressive Naperville, IL, divorce and child custody lawyer who can fight back against your spouse’s accusations.

How a DUI Can and Cannot Impact Your Divorce and Child Custody Proceedings

A few factors the court might consider when determining whether your DUI should have any impact on your divorce proceedings include:

• Recency - If you had a simple DUI ten years ago when you were in college and have stayed out of trouble ever since it is not likely to have any impact on your case. 
• Active substance abuse - The court may evaluate whether you have an active substance abuse problem. A parent who is constantly intoxicated may not be able to safely care for their children unsupervised. However, if you have been sober for years or are getting treatment now, the court will also consider this fact. 
• Whether your DUI endangered the child - DUI with a child passenger is a felony charge in Illinois. If your child was in the car when you got arrested for DUI, this may have a serious impact on the outcome of your child custody issues. The court may hesitate to allow unsupervised visitation if it feels that the parent may again drive drunk while the child is in the car. 
• Financial impact on the marriage - If your DUI puts your family in a difficult financial position or consumed a significant portion of the marital savings, the court might consider this when determining your equitable share of the marital assets. If the DUI happened before you even got married, this factor will not likely apply. 

In most cases, a simple DUI will have a very minimal or no impact on the outcome of divorce and child custody proceedings. A DUI is normally only an issue if a child was endangered, the parent is in active addiction, or a lot of marital assets went toward paying for the DUI.

Contact a Naperville, IL, Divorce and Child Custody Attorney

Law Office of Ronald L. Hendrix, P.C. can help parents who have a criminal issue in their past work towards a reasonable parenting plan that allows them precious time with their children. Our experienced Will County, IL, divorce and child custody lawyers will do all we can to ensure a fair divorce outcome. Contact us at 630-355-7776 for a complimentary consultation.