Yes, getting a divorce from a spouse with a substance abuse problem is possible. This is considered a grounds for divorce in New Jersey, so if you have tried and failed to get your spouse help or you believe that your situation is no longer safe, you should talk to our Elizabeth divorce & family law attorneys.
Can I Help My Spouse With a Substance Abuse Problem?
Many people do try to help their spouses with substance abuse problems. This only works if a spouse is willing to work on this problem themself though. You cannot force them to get clean and sober. Trying to do so can put even more stress on you and the rest of your family.
When Should I Divorce My Spouse For Their Substance Abuse?
Most people mean it when they vow to be together for better and for worse, so many people stick by their spouse’s side as they deal with a substance abuse problem. At a certain point though, you just need to think of the safety of yourself and your children, if you have them. You should consider filing for divorce if:
- You feel unsafe in your home
- Your spouse has become violent or abusive
- Your children no longer feel safe around their parent
- Your spouse is no longer attempting to get clean and sober
In these situations, divorcing your spouse may be the best option for everyone involved.
Is Substance Abuse Grounds for Divorce?
New Jersey classifies several things as grounds for divorce, meaning that you can file and tell the court exactly why your marriage is ending. Technically, the grounds for divorce here would be a “voluntary” addiction to drugs, meaning that your spouse is doing nothing to attempt and cure their addiction. This can be a frustrating situation, and one that encourages many spouses to apply for divorce.
Will My Spouse’s Problem Affect Divorce Negotiations?
Your spouse’s substance abuse problem could certainly come up during divorce negotiation. It can be a big factor in child custody and visitation agreements. A parent has a right to see their children, but the safety and well-being of the child is always the top priority of the court when deciding upon visitation arrangements. If it is determined that a parent suffering from substance abuse issues cannot safely visit with their children, they may not get visitation or custody rights. They could also be forced into supervised visitation arrangements.
If your spouse makes progress in their rehabilitation or treatment, certain agreements can be revisited and renegotiated.
Call Our Law Firm
If you are ready to file for divorce, contact Ross & Calandrillo, LLC. We can schedule an appointment and learn more about your situation. Then we will be ready to help you fight for the best possible outcome for you and your family.
