DV and Divorce question please

[Jess001]

Hi, I am in need of advice if anyone can help please.

My husband and I had a scuffle and I got charged with misdeameaner. We were going to end our marriage but then after a few days we decided to give our marriage another chance. Since then, he is back to his drugs and alcohol and I am so fed up and do want to end the marriage now.

My Questions are : My case is pending sentencing soon, with this going on; can I go ahead and file the divorce or should I wait until after sentencing? ( most likely I will get classes and probation)

2) will filing for divorce affect the judges decision on how he will sentence me?

3) With my DV conviction, how will this affect my divorce?

My husband says he won't fight the divorce so it should be uncontested .
We have only been married for less than 1 1/2 yrs. and we just want to quietly bow out and go our seperate ways.

If more information is needed please let me know.
Any help/advise given will be so greatly appreciated.

Jess

 

[seniorjudge]

My Questions are : My case is pending sentencing soon, with this going on; can I go ahead and file the divorce or should I wait until after sentencing? ( most likely I will get classes and probation)

A: I would file the divorce now.



2) will filing for divorce affect the judges decision on how he will sentence me?

A: I doubt it.



3) With my DV conviction, how will this affect my divorce?

A: There is a slight possibility that the conviction may affect a property settlement if the court finds (in your divorce lawsuit) that you committed marital misconduct. Also, if you have kids, it may affect custody.

 

[Jess001]

Thanks so much for the advice. I really appreciate it. BTW, there are no children.