Substance abuse can have serious effects on a number of divorce factors, including the divorce filing strategy.
Substance abuse affects many people in the United States. Substance abuse essentially refers to an addiction to substances such as alcohol, and illegal as well as prescription drugs. Substance abuse and addiction can wreak havoc in a happy family, often taking a happy marital relationship to the doors of divorce.
Filing for Divorce on Grounds of Substance Abuse
Most states in the US allow for filing a ‘no-fault’ divorce that includes grounds such as separation, irreconcilable differences, etc. In a no-fault divorce, one does not need to provide proof that one’s spouse has done something wrong or is at fault that has resulted in the divorce filing. However, providing evidence of substance abuse even, in a no-fault divorce, can have important implications on factors such as child custody.
However, in a number of states, divorce on fault-based grounds such as adultery, substance abuse or cruel treatment, etc. is allowed and requires providing evidence of the allegations made. Fault or no-fault, a sober spouse usually gains an upper hand during the court proceedings and negotiations.
Effects of Substance Abuse on Divorce
Substance abuse can have serious effects on a number of divorce factors, including the divorce filing strategy.
Substance abuse and child custody
Substance abuse can have major implications on child custody. Substance abuse impacts parenting ability, therefore it is less likely that a parent with an addiction problem can get child custody. Courts strongly take substance abuse into consideration, even when deciding on visitation rights. Often overnight visitations are not allowed, addicted parents may be required to undergo substance abuse screening regularly, undergo rehabilitation, etc. According to St. Louis divorce lawyer in extreme cases, addicted parents are not given any visitations rights, with full custody awarded to the sober parent. In the case where substance abuse leads to a child being harmed or injured by an addicted parent, custodial rights are taken away altogether.
Substance abuse and division of assets
Ideally, during the division of assets and property, a fault such as substance abuse is not necessarily considered unless, like in some states, it reflects on the behavior of the spouse during the marriage. The court may award a larger chunk of the property to the sober spouse as a reimbursement. Such considerations are usually made if the substance abuse of the spouse has implications on the finances of the couple.
Substance abuse and alimony
Similar to property division, if addiction and substance abuse of a spouse has negatively impacted the finances of the couple during marriage, it can have implications on alimony. The court could then decide to award more alimony to the sober spouse as a reimbursement for the loss in finances incurred that the addicted spouse has squandered to support the addiction.
In some special cases, where substance abuse and addiction renders the addicted spouse mentally ill and incapable for self-support, the sober spouse may have to pay alimony to the addicted spouse to cover costs of treatment and rehabilitation.
St. Louis Divorce Lawyer
Substance abuse and addiction will typically always give a sober spouse an upper hand during negotiations for settlement. It is always advised to seek legal assistance from St. Louis divorce attorney if facing a spouse with a substance abuse issue.
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