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3 ways substance abuse affects divorce

On Behalf of | Dec 4, 2019 | Family Law & Divorce |

Millions of people suffer from substance abuse. Many partners try to help the person battling, but it’s uncommon for their help to be successful. Addiction is a terrifying disease that affects everyone surrounding it.

Not only is the person battling affected, but their loved ones are too. The situation can become increasingly frightening when a partner is unpredictable and not in their right mind often. Because of this, many addicts end up divorced.

1.      Custody

Substance abuse can severely alter a person’s personality. This can leave their family unable to live peacefully in their own home. It can become a very dangerous situation fast, especially if there are children involved.

If a parent’s sobriety is questioned during a divorce, the court will prioritize the child’s safety over everything. The court will also order the parent to submit random drug and alcohol tests. This will prove the parent’s ability to take care of their child.

2.      Fault and no-fault divorce states

Mississippi provides both fault and no-fault divorces. However, even in a no-fault divorce, a spouse can still state the overuse of drugs and alcohol. This can often benefit the spouse who remains sober because they will have more control in the divorce.

This can mean many things for the spouse who remains sober beyond getting custody of their shared child. For example, they could argue to keep the home and vehicle the couple bought together.

3.      Alimony

If the spouse who has substance abuse issues has created financial damage during the marriage because of their addiction, alimony could be affected. The judge can award the spouse who remains sober alimony even if it wasn’t previously considered.

During a divorce where one spouse suffers from addiction, the court wants to find a solution that benefits the loved ones affected. The care of a child and making sure the spouse isn’t financially drained from the marriage is their priority. Know that if you are in this situation, the court will help you the best they can.