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Will a DUI Affect the Divorce Process?

by | Dec 18, 2022 | Uncategorized |

A conviction for driving under the influence (DUI), or even a DUI arrest, can affect your Michigan divorce process. You might be assuming that an arrest and court date for a DUI are entirely separate from your divorce, but in fact, there are various ways in which DUI can impact a person’s divorce in Michigan. Depending on when the DUI arrest occurred, you could have to deal with the financial ramifications of the DUI and the effect of those financial consequences in your divorce case. In addition, and perhaps more significantly, a DUI conviction can impact your child custody case in a Michigan divorce. Our Michigan divorce lawyers can provide you with more information. 

Financial Consequences of a DUI

First, you should know that a DUI will have financial consequences, and those financial consequences can reverberate into your Michigan divorce case. With a DUI, you are likely to have added legal fees and monetary fines associated with the DUI, not to mention the possibility that your employment could be limited if your driver’s license is suspended.

These financial consequences can affect your divorce case and your ability to move forward with a post-divorce budget.

Child Custody and a Michigan DUI

DUI convictions in Michigan can also impact a child custody case that is part of a divorce. Under Michigan child custody law, courts decide how to order child custody and parenting time based on what is in the best interests of the child, considering factors like the moral fitness of the parents, as well as the mental and physical health of the parents, and the stability of the parent’s home. When a parent is arrested for a DUI, that DUI record can significantly affect a parent’s child custody prospects.

Some DUI convictions in Michigan result in a parent serving jail time. If you are convicted of a DUI and sentenced to jail, you will not be able to have parenting time during that period, and your ability to play an important role in your child’s life can be limited. Even if you are not required to serve jail time or if you previously served jail time for a DUI conviction, the court may consider a history of drunk driving and a DUI conviction as evidence that your parenting time should be limited or restricted. 

In order to stand the best chance of limiting the effects of a DUI conviction in your divorce and child custody case, you should seek advice from a divorce lawyer in Michigan who can help you. 

Contact a Michigan Divorce Attorney

If you were convicted of a DUI or if you are facing DUI charges, it is important to discuss this with your divorce lawyer as soon as possible. While a DUI might seem separate from a divorce case, having a DUI on your record can impact costs and financial issues connected to your divorce, and it can also have a significant effect on child custody. An experienced Michigan divorce lawyer at our firm can help. Contact the Law Offices of Michael A. Robbins today for assistance with your divorce case.