divorce lawyer when wife is on drugs

Answer: If you suspect that your ex-wife is using drugs you should contact an attorney immediately regarding a motion for modification of placement. I do not practice in Indiana. However, Cordell & Cordell has many attorneys licensed and located in Indiana who would be happy to help.

Full Answer

Can I divorce a spouse with substance abuse issues?

Dec 13, 2018 · In most states, however, including Texas and New York, you can still file for divorce based on fault grounds, like adultery, cruel treatment, and drug or alcohol abuse. In the states that still allow these fault-based divorces, you’ll always be able to ask for a divorce based on your spouse’s substance abuse.

What should I do if my spouse has a drug addiction?

“Physical custody” is a more concrete term. In a nutshell, it refers to where the child is going to live. Sole Custody and Joint Custody. Sole legal custody generally means that only one parent gets to make the important decisions in a child’s life. With joint legal custody, both parents share the right to make major decisions regarding the child.The prevailing view today in divorce law ...

How do I divorce an addict?

Your divorce attorney can subpoena such witnesses. These usually include one or both of the following. The addict's friends and family, and; The addict's dealer. Developing a strategy with your divorce attorney. You and your divorce attorney must put together a specific strategy. The strategy should, at a minimum, address the following issues.

What happens if a spouse spends a lot of their marital savings on Drugs and alcohol?

Dec 09, 2021 · Addiction will gradually eat away the trust and the closeness and by being legally bound to the addict, the non-addicted spouse will also be legally bound to share the damage that the addict might cause. All this has the power to strain the marriage and drain the non-addicted spouse’s energy and tolerance. And it may be the cause of a divorce.

How does drug abuse affect a divorce?

While most states do not require a couple to provide a material reason for their divorce, if one spouse abuses drugs or alcohol, this can have a direct impact on a divorce case. Typically, drug abuse will affect child custody decisions, as well as the division of assets.Mar 3, 2017

Is drug use a reason for divorce?

Substance abuse is not the top reason a person files for divorce, but it often weakens the marriage and leads to infidelity and financial problems which are the biggest reason couples divorce.

Is addiction grounds for divorce?

In order to be granted a divorce on the ground of habitual drug addiction, you must show that your spouse has an addiction and that this drug abuse began after you were married.

Does drug use affect alimony?

Similar to how substance abuse affects property division, addiction is most likely to affect alimony when an addicted spouse has harmed the couple's finances. In most states, a judge could decide to award additional alimony to the spouse of an addict if the addict drained the couple's finances fueling the addiction.

How does drug abuse affect marriage?

As drinking or drug use gets worse, it starts to take more and more time away from the couple, taking its toll by creating an emotional distance between the partners that is difficult to overcome. These couples also report that they fight and argue a great deal, which sometimes can become violent.

How do recovering alcoholics stay married?

Strategies for Maintaining a Healthy Marriage in Addiction RecoveryParticipate in family therapy. ... Participate in individual therapy. ... Educate yourself. ... Maintain a substance-free living environment. ... Be prepared to handle relapse. ... Prioritize self-care. ... Find support in the recovery community. ... Be patient.Dec 14, 2017

How is annulment different from divorce?

A divorce ends a legal marriage and declares the spouses to be single again. Annulment: A legal ruling that erases a marriage by declaring the marriage null and void and that the union was never legally valid. However, even if the marriage is erased, the marriage records remain on file.Feb 17, 2022

What is unreasonable behaviour in a marriage?

What Is Unreasonable Behaviour? When talking about divorce, 'unreasonable behaviour' is the term used to describe that an individual's spouse has behaved in a way that means they cannot be reasonably expected to continue living with them.Feb 21, 2021

What it's like to be addicted to drugs?

You spend a lot of your time thinking about the drug: how to get more, when you'll take it, how good you feel, or how bad you feel afterward. You have a hard time giving yourself limits. You might say you'll only use "so much" but then can't stop and end up using twice that amount.

How do you get rid of druggies?

Contact the police.Call from a safe place. Don't place a call where potential dealers can hear or see you. Don't tell suspected dealers that you will call the police.Always contact the police and allow them to handle drug activities. Attempting to stop these crimes yourself may cause you or others harm.

How do you survive an alcoholic divorce?

Some self-care options include:Journaling about the situation can help you process what you are experiencing.Speak with trusted friends and family members.Join Al-Anon and connect with others who have family members with alcohol use disorder.Read up about alcohol use disorder.More items...

Is alcoholism grounds for divorce in Tennessee?

There are some things you may wish to consider before you begin the legal process of divorce. Since alcoholism may be considered inappropriate marital conduct which qualifies as grounds for divorce under Tennessee law, the court will need supporting evidence when you make this allegation against your spouse.Apr 30, 2013

What is legal custody?

“Legal custody” refers to a parent’s right to participate in the decision-making process regarding a child’s welfare and upbringing, on subjects like education, religion, and non-emergency medical matters. Examples would be the choice between public school or private school or the need for braces.

How long does a child live with one parent?

With joint physical custody, the child resides with both parents under something close to a 50/50 split time custody schedule. This can be anywhere from a couple of days a week with one parent and the remainder with the other, to a child literally living with each parent six months a year.

Can a parent modify custody?

It’s important to remember that child custody is fluid. Normally, either parent can ask the court to modify a custody order, at any time during or after a divorce.

What is joint custody in divorce?

With joint legal custody, both parents share the right to make major decisions regarding the child. The prevailing view today in divorce law is that joint legal custody is the preferred outcome. Usually it benefits all concerned to have both parents involved in making decisions that will impact the children’s lives now and in the future.

What happens if you get joint custody?

Joint legal custody, if granted, as well as any unsupervised parenting time, may have strict conditions attached , including frequent reports to the judge as to Bill’s recovery progress. The bottom line is that if there’s a conflict between the best interests of the child and parental rights, the child’s interest prevails.

What is custody dispute?

Custody disputes, especially in the face of drug addiction, can be legally complex and emotionally draining. Consider retaining a knowledgeable and reputable divorce attorney to protect your interests.

What is electronic journaling?

Electronic journaling of the addict's drug use. Journal the drug addict's use before and during the divorce. You can maintain a Microsoft Word document or any other software program that you feel comfortable to use.

Do divorce attorneys speak with their clients?

The date your attorney files and serves the divorce papers depends on each of the above issues. Many divorce attorneys do not speak with their clients about this issue. They do not plan or prepare. That is a mistake.

What is hostile witness?

Hostile witnesses are those who have personal knowledge of your spouse's drug addiction but will likely not testify voluntarily. Your divorce attorney can subpoena such witnesses. These usually include one or both of the following.

Is trial a first resort?

Trial is stressful. Many want to avoid it. It should not be a first resort. Trial is for those divorce cases where the spouses are unable to resolve the issues.

What happens if an addict is not reported to the family?

If the addict is the family's financial support but has an inconsistent work history or does not report his or her income, the "timing" for the divorce becomes more important.

What to do if a divorce report does not support your position?

If the report does not support your position, you and your divorce attorney should discuss whether the issues are worth further litigation. A report is not the final word. Evaluators make mistakes. You should ensure your criticism of the evaluator's recommendations and work is objective, and not emotion-based.

What is functional addiction?

The functional addict is often able to hold down a steady job, make good income and generally present himself or herself as a normal, functioning adult. Such addicts often binge in their drug use between episodes of sobriety. Sometimes, they build a tolerance, which is, in part, genetic.

What to consider before divorce?

Things to consider before the divorce. Any divorce is difficult, and something we all wish to be able to avoid but divorcing a drug addict bears even more hardships. Being married to one does as well. Addiction is one of the primary destroyers of relationships and families, as well as individual lives. This article will go over all the basics of ...

Can you divorce a partner with addiction?

If you are contemplating divorcing a partner who has addiction problems, there are a few specific additional tactics to use, apart from the general aspects of a divorce process that everyone goes through. First of all, addiction is usually considered grounds for a fault divorce.

What is the marriage.com course?

If you feel disconnected or frustrated about the state of your marriage but want to avoid separation and/or divorce, the marriage.com course meant for married couples is an excellent resource to help you overcome the most challenging aspects of being married.

Can you divorce an addict?

In cases when you feel that you should file for a fault divorce, you will need proof of habitual and long-term intoxication of your soon-to-be-ex. Divorcing an addict will surely fall under the fault divorce category if there is abuse involved.

What happens when you get married to an addict?

When married to an addict, and once the addiction is shouted out loud, what becomes the main issue in the family is – treatment. But, as is commonly known, there is no treatment without an honest decision to do so. Also, this decision is not enough. What is also not enough is a detox. Many people mistakenly believe that once the drugs are out ...

Is addiction a problem in marriage?

Addiction is, without a doubt, one of the greatest challenges for a marriage. The non-addicted spouse is affected by the addiction directly and indirectly. They have to watch someone they love going through a disastrous downward spiral. Often, they also have to look at how this affects their children.

Why did the judge not have to pay support to the wife in Howe v. Howe?

The judge decided that the husband did not have to pay support to her because her alcoholism was not his fault and not related to the marriage.

What is the Ontario Family Law Act?

Under the Ontario Family Law Act, when one spouse has been guilty of recklessly depleting assets, the court may order an unequal division in favour of the victimized spouse. To protect the assets, the act allows the court to grant a “preservation order” for safekeeping. The safekeeping is usually done by one of the lawyers or accountants.

Is divorce the hardest thing to do?

Often fraught with agonizingly slow legal procedures and high expenses that take an emotional toll, divorce is one of the hardest things someone may experience in their life. But when your spouse is an addict, the process can be much more difficult.

How does substance abuse affect divorce?

Ways Substance Abuse Can Affect Your Divorce. To file for a divorce, nobody has to be at fault. Basically, a married couple can get divorced for any reason and neither spouse has to prove wrongdoing by the other spouse. Even if a married couple just doesn’t want to be around each other anymore or don’t share common interests anymore, ...

Can you divorce a spouse who is addicted to drugs?

If your spouse is addicted to drugs and you don’t feel you can stay, you should know more about how their substance abuse can affect your divorce. There are different factors that go into determining who gets what in a divorce. Additionally, if you have children with your addicted spouse, they are your main priority.

Can you file for divorce if you are at fault?

However, in some areas, you could still file for a divorce based on who is at fault, such as with physical abuse, adultery or substance abuse. In these areas, you could file for a divorce because of your spouse’s’ substance abuse. Even in the no-fault divorce states, you can still state evidence as to your spouse’s abuse of alcohol and drugs.

Can a parent have full custody of their child?

In some extreme situations, the court may decide to give full custody to the parent without substance abuse issues and the other parent doesn’t get any visitation.

Does drinking affect custody?

Mild to moderate drinking may not affect the decision of who gets child custody. However, if someone is abusing alcohol or drugs, this does impair their ability to take care of their children in the best ways possible.

Can you get alimony in divorce?

This is similar to what happens with the assets. In many states, the judge could make the decision to award alimony to the sober spouse if the addicted spouse spends the couple’s savings or a lot of money on drugs and alcohol during the marriage. Alimony is not always included in divorce proceedings.

What to do when your wife wants a divorce?

If you are angry, sad or confused because your wife wants a divorce, take the time to gather your thoughts. Once you learn your options, you can make calm decisions. It is not coincidence that calm decisions are often smart ones. Your Strategy Session.

How to protect yourself from your wife?

Do not ignore your wife's false allegations of prior or current "abuse.". Be careful of false domestic violence allegations. Limit your wife's excessive spending. File for divorce first if necessary to protect yourself.

What happens if you don't move out?

However, if you do not move out, you are concerned your wife may make false domestic violence allegations against you. These false allegations may be arguments she starts and then calls the police claiming you hit her or engaged in some other act of domestic violence.

Does Alcoholism and Drug Use Play a Factor in Divorce?

The National Council on Alcoholism and Drug Dependence calls drug and alcohol addiction a “family disease,” due to the strife and instability an addicted individual can cause. According to a 2014 study by the Journal of Studies on Alcohol and Drugs, alcohol dependence has a significant impact in divorce rates and relationships in general.

Addiction and Divorce in North Carolina

North Carolina ranks 36th in the nation when it comes to divorce rates. Excessive use of alcohol or drugs is acceptable grounds for divorce in the state of North Carolina. According to AA-Carolina, as many as 457,000 individuals in the state of North Carolina suffer from addiction.

Where to Go for Help

Addiction is a heartbreaking disease. Getting help for yourself or your partner can make all the difference and should absolutely be the first priority when addiction is affecting your marriage and family. AA-Carolina provides assistance for individuals addicted to alcohol. There are also many addiction treatment centers in North Carolina.

Let our Raleigh Divorce Lawyers Help You

If alcohol and drug use has infiltrated your marriage and family to the point of divorce, our experienced attorneys can help. The safety and well-being of you and your family is our top priority. Addiction is a heart-wrenching disease that makes divorce even more difficult emotionally.