Talking About Family Attorney Services

What Do You Need To Know About Divorcing An Addict?

24 November 2020

Norman Kelly

Divorce is a hard time for a couple but is especially painful when you have to deal with a spouse who is addicted to substances. Getting a divorce can be somewhat more complicated, as those who deal with substance abuse are often more difficult to contend with. To ease the process as much as possible, you need to understand some things you may have to deal with when you divorce an addict. Consider the following.

How to Handle Custody

If you have children and you are divorcing an addict, making decisions on the custody of your children will likely be the most concerning part of your divorce process. The judge overseeing your divorce will carefully evaluate both of you as they determine the custody of your children. The ultimate goal is to create a healthy, safe home for the children.

If the judge decides that one parent's addiction will prevent them from providing proper parental care, sole physical and legal custody may go to you as the parent without the addiction. However, judges often prefer to foster an environment in which both parents have some form of relationship with the kids. There may be special visitation allowed if the parent suffering the addiction agrees to seek proper treatment.

How to Handle Asset Division

Dealing with asset division can be complicated when you are dealing with an addict. Depending on the state in which you live, your marital property may be divided equally between you no matter what. However, a judge can change the division of the assets based on the circumstances. For example, if your spouse used all the money you had in your savings account due to their substance abuse, the judge may award you more in assets to cover for that loss.

How to Handle Spousal Support

This part of your divorce decree will depend on whether or not you pay or receive the spousal support. If you have to pay the support to your spouse with an addiction, they judge may alter the payment sum out of fear that the spouse will use it for drug use. If your spouse is to pay you spousal support, there may be special provisions in place to help ensure you receive the money.

There are many emotions that go into any divorce, but it is especially emotional when you are dealing with a spouse with an addiction. Be sure to thoroughly discuss the addiction when you first meet with your divorce attorney. For more information on divorce law, contact a local firm.

Share

Search