lawyer divorce in ca when husband is using drugs

How does substance abuse affect a divorce in California?

Payment for the tests. The parent who requests the drug test often advances the test's cost. If the test is positive, the tested parent must then reimburse the other parent. 7. Admissibility of the drug test result. Most of the time, the spouses agree to a drug test result's admissibility in court.

Can a drug addict get a divorce?

 · Filing for Divorce Based on Substance Abuse Today, all U.S. states allow spouses to file for divorce based on no-fault grounds, such as separation or "irreconcilable differences," meaning you and your spouse cannot get along anymore. With no-fault divorce, you don't have to prove that your spouse did something to cause the breakup.

How do I divorce a spouse with substance abuse issues?

 · Although California is a no-fault divorce state, when one of the spouses has a substance abuse problem, it can impact a divorce, specifically as it relates to child custody and visitation issues. Drug and alcohol abuse will have a negative impact on a parent’s standing in a divorce because courts make decisions based on the best interests of any child involved in a …

Can I divorce a narcissist husband in California?

 · Published: Sep 20th, 2016. Every year, substance abuse and addiction issues affect millions of Americans, their families, and their marriages, and can be a frequent cause of divorce. This article will explain how a substance abuse issue may either reduce or increase an alimony award, depending on the circumstances.

Is drug abuse grounds for divorce?

Filing for Divorce Based on Substance Abuse With no-fault divorce, you don't have to prove that your spouse did something to cause the breakup. 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.

How do drugs affect divorce?

Researchers have found important links between substance abuse and divorce. One study, published in the Journal of Studies on Alcohol and Drugs, found that an increase in consumption of one liter per capita increases the divorce rate by about 20 percent.

How does drug abuse affect marriage?

Substance abuse in marriage can destroy trust and hurt families financially. At its worst, substance abuse may also lead to abusive patterns of emotional manipulations and even physical violence. Knowing the damage drug and alcohol use cause families, it's natural to wonder if a marriage can survive drug addiction.

How many divorces are caused by substance abuse?

Addiction and Divorce According to statistics shared by Health Street, 7.3 percent of marriages that end in divorce do so due to substance abuse. While this statistic is troubling, it's not that surprising.

Is alcoholism grounds for annulment?

Alcoholism is not generally grounds for an annulment, but it can affect child custody. Winning a child custody battle is very difficult as a parent who suffers from a substance abuse problem.

What causes divorce?

According to various studies, the three most common causes of divorce are conflict, arguing, irretrievable breakdown in the relationship, lack of commitment, infidelity, and lack of physical intimacy. The least common reasons are lack of shared interests and incompatibility between partners.

Which of the following is a possible consequence of drug use?

Side effects of drug addiction may include: Nausea and abdominal pain, which can also lead to changes in appetite and weight loss. Increased strain on the liver, which puts the person at risk of significant liver damage or liver failure. Seizures, stroke, mental confusion and brain damage.

How do drugs affect family relationships?

Effects of Drug Addiction on Family and Friends People who struggle with drug addiction or alcoholism can lose touch with their friends and family entirely. Loved ones of an addicted person might blame themselves, causing their self-esteem to erode.

How do I deal with my husband?

15 Ways To Handle Or Treat Your PartnerCommunicate. Good communication is key to any healthy relationship. ... Get to the root of the problem. ... Understand your partner's personality. ... Pick your battles wisely. ... Accept your spouse for who they are. ... Ask, don't interpret or assume things. ... Give each other space. ... Find a middle ground.More items...•

What percentage of divorce is due to abuse?

Research suggests that 25-40 percent of women initiating divorce do so be cause of domestic abuse. What is domestic abuse? by their husbands or boyfriends.

What percentage of alcoholic marriages end in divorce?

“Heavy drinker” is defined as six or more drinks consumed at one time or drinking until intoxicated. The study established that marriages end in divorce 50 percent of the time, when one of the spouses drinks heavily.

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 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.

Can a functional addict be a functioning adult?

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. Most important, unless you live with the functional addict, you may never know he or she is a drug addict.

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 is dysfunctional drug addict?

The dysfunctional addict is the opposite of the functional addict. He or she bounces from one job to another and is unable to hold down a job. Dysfunctional drug addicts often have a criminal record, including those for possession and/or use of illegal drugs, and driving under the influence.

What is a junkie addict?

The junkie is an extreme version of the dysfunctional addict. This goes beyond dysfunction and reaches a level of use that may cause the addict to end up in a body bag on any particular day. The drug addiction is often long-term. Such drug addicts also associate with known criminal elements.

Can drug addiction be long term?

This goes beyond dysfunction and reaches a level of use that may cause the addict to end up in a body bag on any particular day. The drug addiction is often long-term. Such drug addicts also associate with known criminal elements. They may have an extensive criminal record.

Can addiction lead to divorce?

Millions of Americans suffer from addiction, including to alcohol, illegal drugs, and prescription drugs. Oftentimes, those who are battling addiction can create serious problems within their own families, which may lead to divorce.

Does drinking affect custody?

One area where substance abuse factors in heavily is child custody. While moderate drinking won’t affect a custody decision , courts will strongly consider any substance abuse issue that impacts parenting ability. All other things being equal, a parent with a substance abuse problem is less likely to win child custody.

Can you get divorced without a fault?

With no-fault divorce, you don't have to prove that your spouse did something to cause the breakup. 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, ...

Can you file for a no fault divorce in California?

Even in the states where you can only file for a no-fault divorce, such as California and Florida, you can still introduce evidence of your spouse’s substance abuse during the case as it may relate to custody and other issues in the divorce.

Can you file for divorce if you are not at fault?

Today, all U.S. states allow spouses to file for divorce based on no-fault grounds, such as separation or "irreconcilable differences," meaning you and your spouse cannot get along anymore. With no-fault divorce, you don't have to prove that your spouse did something to cause the breakup.

What is the California divorce law?

California divorce laws are governed by the California Family Code, a series of legislative acts that cover the complete spectrum of legal issues surrounding divorce in the state. The California Family Code is one of 29 legal codes that form all general statutory laws in California. Under the Family Code, there are three main ways ...

What are the requirements for a divorce in California?

California divorce laws stipulate that spouses must disclose to each other the type and amount of all communities and separate assets and debts. This is required so that an equitable division of assets can take place. Each spouse will need to complete a series of forms, and each one is also required to file an income and expense declaration as well.

Does legal separation end a marriage?

They are divorce, annulment, and legal separation. Legal separation does not end a marriage like divorce a does, but it allows courts to decide important issues such as child custody, child support, and the issuance and enforcement of restraining orders. Both spouses do not need to agree to end the marriage.

Is California a community property state?

California is a community property state . Under the California Family Code, this generally means that all property, real or personal, that was acquired by either party during a marriage is equally owned by each partner. However, there are exception s regarding the property division.

Is a diamond watch considered separate property in California?

California law states that gifts given to one spouse by the other during a marriage are considered separate property. For example, if a wife received a $10,000 diamond watch as a birthday gift, those would clearly be hers in a divorce action.

Can you inherit property in California?

California law states that property inherited by one spouse during a marriage is separate and not subject to community property rules. There can be gray areas that pop up if a will states that property you inherit goes to you and your family. Under this scenario, a spouse could make a claim, and it would become incumbent on the person who inherited a house or assets to prove that the deceased person intended for them to receive the asset for them alone.

Who approves QDRO?

The courts must approve the QDRO, and then it can be submitted to the plan administrator, who must also approve it. This establishes that your spouse can be considered an alternate payee, and the retirement vehicle is then divided according to the specifics contained in the QDRO.

Can substance abuse cause divorce?

Every year, substance abuse and addiction issues affect millions of Americans, their families, and their marriages, and can be a frequent cause of divorce. This article will explain how a substance abuse issue may either reduce or increase an alimony award, depending on the circumstances.

Can a spouse get alimony for substance abuse?

Judges understand that there’s a risk in awarding alimony to a spouse with substance abuse issues. For example, a spouse who has been purchasing drugs during the marriage may use alimony payments to buy more drugs. A court may refuse to award alimony to a financially dependent spouse with addiction problems to avoid enabling that spouse’s substance abuse issues. In some cases where an addicted spouse is otherwise eligible to receive alimony, the court may order alimony in the form of direct payment of rent or other expenses to prevent the addicted spouse from receiving cash that could be used to further the addiction.

Can a judge order alimony?

Courts don’t order alimony in every case, and there’s no exact formula for determining whether alimony is appropriate. Still, judges will typically consider awarding alimony in cases where the couple has been married for a significant length of time and one spouse has been financially dependent on the other spouse during the marriage. Each state has different guidelines for how judges should determine alimony, but in general, courts may consider the following circumstances:

Is alimony a lump sum?

Alimony may be in lump-sum form, or it may be periodic, with one spouse paying the other spouse predetermined monthly amounts until a certain date or until a certain event occurs. Courts may also order alimony in the form of a transfer of property or assets.

How to get custody of a child?

The court might consider custody alternatives in order to allow the children to continue seeing both parents. These alternatives can include: 1 The parent may only have supervised visitation 2 The parent may not have the children for overnight visits 3 The parent may be required to attend rehab, Alcoholics Anonymous, or other support group

What are the signs of addiction?

Evidence of addiction takes a myriad of forms. A trash can filled with empty beer bottles, copies of liquor store receipts, a car damaged as a result of drunk driving, property damaged during an alcohol or drug induced tirade, incoherent text messages or emails, are all signs of a problem that can be documented and later used in a divorce ...

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.

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, ...

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.

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 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 ...

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 ...

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.

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.

Divorcing a Narcissist Husband - Help for Wives and Mothers

You are divorcing a narcissist husband. You may be scared. You may be at your wit's end. Your narcissistic husband is unpredictable and reckless. You need help.

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For those who want a comprehensive and informative guide and roadmap on divorcing a narcissist, we have written an E-Book which you may acquire through Amazon.

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Divorcing a narcissist husband who is the higher income earner means you are likely up against bullying and intimidation.

Each of the narcissist husband's tactics are designed to strike fear and intimidate

All of these are intimidation tactics. All of these tactics are designed to cause the maximum amount of stress and attorney fees so that the wife eventually gives in and takes less than what he or she may be entitled to from the community estate.

Divorcing a narcissist husband with a simple and systematic approach

Instead, you can combat the narcissistic husband with a simple and systematic approach - use your narcissist husband's conduct against him or her.