Unfortunately, if you are arrested for DUI/DWI in Waldorf or other parts of Southern Maryland, your arrest will impact any pending Maryland divorce proceedings. You are going to need some good legal help to make the impact as limited as possible. Call us here at the Law Office of Robert Castro at (301) 870-1200. We are divorce and family attorneys in Waldorf, Maryland. We are also top-rated and seasoned Maryland criminal defense attorneys. So, we can help defend against the DUI/DWI charges and help with the divorce case too.

A DUI/DWI arrest, while your Maryland divorce is pending, will have several impacts. The first is likely to be emotional and stress-related. Likely, your spouse will be angry about the arrest, and that will add significant emotional and stress “charges” to the proceedings. It is also possible the divorce was precipitated by alcohol and substance abuse issues. If that were the case, it definitely will not help that you are in legal jeopardy for driving while intoxicated.

With respect to the divorce proceedings, the largest practical impact is on the money needed for your Maryland criminal defense (which can be expensive). Once a divorce proceeding is filed, all monies held by the couple are considered “marital” money, and ongoing income is also considered “marital” money. This means that the Maryland divorce court has the authority to restrict how “marital” money is spent, particularly where the money is being spent almost solely for the benefit of one spouse. Since the divorce is pending, spending money on criminal defense is often deemed to be money spent solely for the benefit of one spouse. So, a Maryland divorce court could impose restrictions on the amount of money that can be spent on the DUI criminal defense, particularly where the other spouse is adamant that the money not be spent. Even where your spouse does not object to spending marital money for your criminal defense, the Maryland divorce court will likely use the circumstances to award more marital property to your spouse. Potentially, another practical impact will be affording the fines imposed if you are convicted of DUI/DWI.

With respect to the legal aspects of the divorce, an arrest for DUI/DWI has the potential to severely impact the Maryland divorce court’s decision on child custody and visitation matters. As one might expect, Maryland divorce courts take a negative view of parents/spouses who drive while intoxicated or otherwise impaired. That negative view impacts how the court evaluates custody and visitation issues.

In addition, in making awards for alimony and in dividing marital property, Maryland divorce courts are permitted to consider all of the circumstances surrounding the divorce. As noted above, Maryland divorce courts can restrict the use of marital monies during the divorce. If substance abuse is considered a part of the reason for the divorce, Maryland divorce courts can use that factor to award higher alimony or award a higher percentage of assets to the “victimized” spouse.

Contact Waldorf, Maryland Family Law, and Divorce Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Divorce lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.