My Spouse is a Criminal: Can I Divorce Them?


People divorce their spouses for many reasons. Money issues commonly spark separations, as do arguments about sex. But there are also many spouses who refuse to put up with their ex’s criminal acts. If your spouse is constantly behind bars or they are running a criminal organization that you want no part in, you might be considering divorce. But what are the unique considerations associated with divorcing a criminal in Georgia? 

Protective Orders

If you are divorcing a violent criminal, your family (and that of your children) should be the first priority. If you fear for your safety in any way, it is worth working with your family law attorney and getting a protective order. These legal court orders prevent your ex from coming into contact with you. They can also help you find a safe place to live while your divorce progresses. Of course, you should simply call 9-1-1 if you are in immediate danger. 

Spousal Privilege

Another important concept to understand is spousal privilege. If you have knowledge of your ex’s criminal activities, no one can force you to testify against them in court. You can choose to testify against them, but you do not have to. This might give you greater confidence as you move forward, end your marriage, and distance yourself from the criminal activities your ex engaged in. 

Certain Crimes Form Grounds for Divorce

It’s also worth noting that certain crimes may form “grounds for divorce” in Georgia. This means that your spouse’s criminal activities may provide you with a legal reason or “excuse” to divorce your spouse through a fault-based process. However, most spouses choose to file for divorce based on irreconcilable differences since there is no obligation to prove anything. That being said, there may be certain advantages associated with establishing fault. 

Securing Your Financial Well-Being

You should also strive to protect your financial well-being as you divorce your ex. If they were engaging in criminal activities during the marriage, there’s a good chance they are familiar with money laundering and other methods for hiding funds. Your first step should be to prevent these forms of financial misconduct. On the other hand, certain funds may be completely inaccessible because they represent the proceeds of crimes. This money will likely be seized by the authorities. Creating an effective plan for your finances is absolutely critical if you find yourself in this situation. 

Where Can I Find an Experienced Divorce Attorney in Georgia?

If you have been searching for a qualified divorce attorney in Georgia, look no further than Lankford & Moore Law. We know that there are many unique considerations to take into account when divorcing a criminal. With our help, you can pursue safety and security while managing your divorce. Book your consultation today to get started. 

I realized the true function of a lawyer was to unite parties riven asunder. The lesson was so indelibly burnt into me that a large part of my time during the twenty years of my practice as a lawyer was occupied in bringing about private compromises of hundreds of cases. I lost nothing thereby — not even money, certainly not my soul.

Mahatma Gandhi

Lankford & Moore Law in Downtown Lawrenceville

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