How will a domestic violence charge from 6 years ago affect my divorce?

[jwaann]

I have a question regarding how a horrible incident that occurred 6 years ago will affect my divorce and the custody arrangements for my three children (ages 5,3,2). I was arrested in June 2006 for aggravated assault on a family member (my husband). It was a horrible night in which we were both drunk. We had an altercation and he called the cops. I ended up being arrested. This was my first offense. I successfully completed probation for this incident and have had no further legal problems. At the time, we had no children and I was not pregnant. I am a completely different person now that I have three children. We are now starting the divorce process. Since we are in agreement on all issues including custody, we would like to file an uncontested divorce but I was told that this would be impossible with this charge on my record. My husband is a recovering alcoholic with about 100 days sober. We have agreed on the typical joint custody agreement with the children staying with me most of the time and going to their dad's the 1st and 3rd weekends of the month. We live in Texas (Montgomery county) and the offense took place in Harris County. I would appreciate any advice I can get about this matter. Thank you.

 

[Proserpina]

I have a question regarding how a horrible incident that occurred 6 years ago will affect my divorce and the custody arrangements for my three children (ages 5,3,2). I was arrested in June 2006 for aggravated assault on a family member (my husband). It was a horrible night in which we were both drunk. We had an altercation and he called the cops. I ended up being arrested. This was my first offense. I successfully completed probation for this incident and have had no further legal problems. At the time, we had no children and I was not pregnant. I am a completely different person now that I have three children. We are now starting the divorce process. Since we are in agreement on all issues including custody, we would like to file an uncontested divorce but I was told that this would be impossible with this charge on my record. My husband is a recovering alcoholic with about 100 days sober. We have agreed on the typical joint custody agreement with the children staying with me most of the time and going to their dad's the 1st and 3rd weekends of the month. We live in Texas (Montgomery county) and the offense took place in Harris County. I would appreciate any advice I can get about this matter. Thank you.

Your spouse stayed with you and then you had three children together? Your past DV is not likely to be an issue.

 

[LdiJ]

I have a question regarding how a horrible incident that occurred 6 years ago will affect my divorce and the custody arrangements for my three children (ages 5,3,2). I was arrested in June 2006 for aggravated assault on a family member (my husband). It was a horrible night in which we were both drunk. We had an altercation and he called the cops. I ended up being arrested. This was my first offense. I successfully completed probation for this incident and have had no further legal problems. At the time, we had no children and I was not pregnant. I am a completely different person now that I have three children. We are now starting the divorce process. Since we are in agreement on all issues including custody, we would like to file an uncontested divorce but I was told that this would be impossible with this charge on my record. My husband is a recovering alcoholic with about 100 days sober. We have agreed on the typical joint custody agreement with the children staying with me most of the time and going to their dad's the 1st and 3rd weekends of the month. We live in Texas (Montgomery county) and the offense took place in Harris County. I would appreciate any advice I can get about this matter. Thank you.

I will have no effect on your divorce if you are both in agreement to everything. The court will have no reason to look into your background unless one of you brings it up in a contested divorce.

 

[jwaann]

I will have no effect on your divorce if you are both in agreement to everything. The court will have no reason to look into your background unless one of you brings it up in a contested divorce.

If this is the case, do I need to get an attorney? I was planning on using legalzoom.com for the documents and we were going to do it ourselves but then I was told I would need an attorney because of the domestic violence charge.

 

[ecmst12]

Told that by whom?

 

[jwaann]

Told that by whom?

When I was filling out the questionnaire from legalzoom, one of the questions asked if there had been any domestic violence charges during the marriage. When I clicked "yes", it stated that I was not eligible for an uncontested divorce and that I would need to get an attorney.

 

[Proserpina]

When I was filling out the questionnaire from legalzoom, one of the questions asked if there had been any domestic violence charges during the marriage. When I clicked "yes", it stated that I was not eligible for an uncontested divorce and that I would need to get an attorney.

Legalzoom and the like are meant for very simple, very uncomplicated divorces. Not dissing the service provided - because they of course have their place! - but if yours is anything other than the most basic of divorces it's not likely that you'll fit their parameters.

As an example, a very recent DV conviction after which your husband immediately left with the children could absolutely impact things.

In your case though I honestly don't see it being a huge issue. Even if your husband contests the divorce it's not likely that he can use your conviction against you for the reasons mentioned earlier.

 

[ecmst12]

So...click no.

 

[jwaann]

So...click no.

I just didn't know if the court would run my criminal history or not. It seemed like they would not but I was afraid I somehow would be lying to the court by not admitting the offense from the beginning. From what I've read, I do think my divorce should be simple enough to use a service like legalzoom and I've also read a booklet from the Texas Bar Association about pro se divorce.

 

[Proserpina]

I just didn't know if the court would run my criminal history or not. It seemed like they would not but I was afraid I somehow would be lying to the court by not admitting the offense from the beginning. From what I've read, I do think my divorce should be simple enough to use a service like legalzoom and I've also read a booklet from the Texas Bar Association about pro se divorce.

I wouldn't say "no" if the final papers are actually asking the question; if the finished product does NOT ask the question (you might want to check the actual template of the form specifically relevant to your state) you should be okay.

And of course you can't say "no" if asked on the stand. But I don't think you would anyway

 

[jwaann]

I wouldn't say "no" if the final papers are actually asking the question; if the finished product does NOT ask the question (you might want to check the actual template of the form specifically relevant to your state) you should be okay.

And of course you can't say "no" if asked on the stand. But I don't think you would anyway

You're right. I would never lie about it on the stand. Thank you so much for your advice. I have been so worried about this and I feel much better about the situation now.

 

[garrula lingua]

Poster, use an attorney. If you & your husband are in agreement, the charge should be fairly low.

If the children are on Medicaid, or if you received any welfare, the Office of the Attorney General is involved (some money may be owed to the State by Dad).

If the OAG is not noticed & does not sign off on the Divorce regarding the child support & medical support, and retroactive child support the OAG, by statute, has the authority to 'unwind' or void the Order.

Most Judges hesitate to sign those Decrees for that reason (OAG involvement, guideline child support not calculated correctly, or medical support inappropriately ordering the children to be overed by Medicaid when NCP has resources.
I have always been a proponent for self-representation, but in Tx, I've had a lot of people come to me with messed-up divorce decrees which were Internet purchases.
I'm not sure why I didn't see this in CA; maybe the difference is how helpful CA is to pro pers (the court clerk even sells a packet of the forms you need), and the extreme opposite attitude of the legal process in TX (TX even sued to keep Nolo Press from publishing info; there are, essentially, no actual Judicial Counsel forms in Tx for pro ses - all pleadings are drafted ( compare to CA where all forms are on the Internet for free, listed by the Superior Courts of CA).

 

[jwaann]

Poster, use an attorney. If you & your husband are in agreement, the charge should be fairly low.

If the children are on Medicaid, or if you received any welfare, the Office of the Attorney General is involved (some money may be owed to the State by Dad).

If the OAG is not noticed & does not sign off on the Divorce regarding the child support & medical support, and retroactive child support the OAG, by statute, has the authority to 'unwind' or void the Order.

Most Judges hesitate to sign those Decrees for that reason (OAG involvement, guideline child support not calculated correctly, or medical support inappropriately ordering the children to be overed by Medicaid when NCP has resources.
I have always been a proponent for self-representation, but in Tx, I've had a lot of people come to me with messed-up divorce decrees which were Internet purchases.
I'm not sure why I didn't see this in CA; maybe the difference is how helpful CA is to pro pers (the court clerk even sells a packet of the forms you need), and the extreme opposite attitude of the legal process in TX (TX even sued to keep Nolo Press from publishing info; there are, essentially, no actual Judicial Counsel forms in Tx for pro ses - all pleadings are drafted ( compare to CA where all forms are on the Internet for free, listed by the Superior Courts of CA).

I have never been on welfare and my children have never received Medicaid services. I actually am not asking for child support. My husband barely makes enough money to support himself. My income is considerably more than his and I thought if, by some miracle, he got a great job that I could go back at a later time to modify child support. As far as medical insurance, it is provided at no cost by my employer and includes my children. Would the OAG be involved in this situation? Will the court try to "make" me accept child support?

 

[BigMouthWino]

I have never been on welfare and my children have never received Medicaid services. I actually am not asking for child support. My husband barely makes enough money to support himself. My income is considerably more than his and I thought if, by some miracle, he got a great job that I could go back at a later time to modify child support. As far as medical insurance, it is provided at no cost by my employer and includes my children. Would the OAG be involved in this situation? Will the court try to "make" me accept child support?

On the contrary, if you make considerably more than your husband you may be obligated to pay him spousal support. Get it done fast before he finds out how stupid he is for not coming after money that is rightfully his.

 

[Proserpina]

I'm not sure why I didn't see this in CA; maybe the difference is how helpful CA is to pro pers (the court clerk even sells a packet of the forms you need), and the extreme opposite attitude of the legal process in TX (TX even sued to keep Nolo Press from publishing info; there are, essentially, no actual Judicial Counsel forms in Tx for pro ses - all pleadings are drafted ( compare to CA where all forms are on the Internet for free, listed by the Superior Courts of CA).

Oh my goodness! Did they really?! That's...gosh, I'm almost without words here. (Not a common occurrence )

See this is just one of the many reasons we need you here.