People get divorced for varying reasons and their actions will affect how a divorce case goes. Adultery, incompatibility, and cruelty are common reasons a couple may decide to call it quits. Substance abuse can also take a toll on a marriage and lead to a divorce. If you are filing for divorce due to drug or alcohol abuse, a Union County divorce attorney can offer sound legal advice and skilled representation.
How Can Drug or Alcohol Use Lead to Divorce?
Marriage is based on trust, love, and respect, among other things. When one spouse becomes addicted to using drugs or alcohol it can test a relationship in unimaginable ways. Addiction is a disease that changes the way a person behaves and can make them unrecognizable. Substance abuse can lead to a spouse abusing the other or their children both physically and emotionally. It can result in financial strain, resentment, and more. A spouse may try their best to make it work, but if the addicted spouse continues to make poor choices and decline, divorce may be the only or best option for the family.
How Can Substance Abuse Affect the Outcome of My Divorce?
In any divorce and litigation, a judge will make decisions on various topics including the division of property, alimony, and child support. If one spouse is known to abuse drugs or alcohol, it can greatly affect how these decisions are made.
Division of Property: Asset and property division in New Jersey is based on equitable distribution. If one spouse’s addiction impacted property or assets then the division may lean in the favor of the other spouse. For example, if the addicted spouse drained a joint bank account to fund their substance abuse or wrecked the family car while intoxicated, more property may be awarded to the other spouse to make up for those actions.
Alimony: Alimony or spousal support is payments that one spouse owes to the other for various reasons. If the using spouse’s behavior resulted in financial hardship during the marriage or otherwise impacted the other spouse’s ability to obtain employment, get to work, or earn enough to support themselves, they may be required to pay more in spousal support. Additionally, if the other spouse financially supported the addicted spouse during the marriage, they may be awarded higher alimony.
Child Custody: Raising children around someone with an addiction or dangerous substances can be detrimental to their mental and physical development. A judge may award the other spouse full custody if they see that the using spouse is not fit to have custody and they may limit their visitation rights or require that they be supervised.
How Can I Prove Substance Abuse During My Divorce Case?
If substance abuse is a factor in your divorce, proving the other spouse’s addiction will be paramount in ensuring you are fairly compensated. Gather evidence such as pictures or videos, text messages, witness testimony, medical records, police reports, and more. Work with a lawyer to present your proof to the court and protect yourself, your finances, and your children.
