lawyer for legal separation when husband is using drugs

How can a lawyer help me with my spouse’s substance abuse?

If you’ve secured legal counsel, your attorney may be able to help you determine an appropriate living situation based on the nature of your spouse’s substance abuse and available community support services.

Can threatening divorce help you stop using drugs?

Threatening divorce is typically not enough to make a person stop using addictive substances or seek treatment. This is especially true if your spouse can sense that you’re not willing to go through with it.

How do I get legally separated from my husband?

To be legally separated in most states, you must go through a process very similar to a divorce and which involves the same issues, namely: 1 Child custody and visitation 2 Alimony and child support 3 The division of marital property and debts

Can I divorce my spouse based on substance abuse?

When searching for legal counsel, make sure your attorney has experience with divorce cases involving substance abuse. Where you live in the United States may determine whether you have the legal grounds to divorce your spouse based solely on their substance abuse.

Is drug abuse grounds for divorce?

Filing for Divorce Based on Substance Abuse 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 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.

What does addiction do to a marriage?

The Relationship Between Addiction And Divorce. One spouse's addiction can place an incredible strain on any marriage. When one spouse has an addiction, whether it's a problem with alcohol, drugs, gambling, or anything else, the other spouse suffers too.

How does addiction cause divorce?

Addiction creates many problems that lead to divorce including: Financial burden: Americans spend $276 billion on legal and prescription drugs every year. The high cost of addiction can place a financial strain on a marriage. Money fights are the second leading cause of divorce.

How does addiction 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 substance abuse affect the division of assets?

How Substance Abuse Affects the Division of Assets. In many states, courts won’t consider fault when dividing a marital estate (everything a couple owns together), but in some states, a spouse’s behavior during the marriage is relevant to the division of property. In these states, the judge will consider a spouse's substance abuse ...

What does a judge consider when deciding how much of the joint property each spouse should receive?

In these states, the judge will consider a spouse's substance abuse when deciding how much of the joint property each spouse should receive. A court may decide to award a larger share of the marital estate to the sober spouse, particularly if the addicted spouse’s substance abuse issues negatively impacted the couple’s finances.

Can a sober parent have full custody of a child?

In extreme cases, a court may award full custody of children to the sober parent, with the addicted parent having no visitation at all. In cases where the addicted parent has caused serious injury to a child due to substance abuse, a judge may terminate that parent’s custodial rights altogether.

Can a spouse with addiction get divorced?

If you're divorcing a spouse with an addiction, you should understand how this issue may affect child custody and property division. This article explains how a spouse’s substance abuse may impact your strategy during a 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, ...

What to do if your spouse admits to drug abuse?

If your spouse admits to his or drug abuse, keep that record. If you have a reasonable opportunity to document your spouse's drug abuse, consider doing so. This may be an email or text message that expresses concern about something your spouse did or failed to do.

What is a drug evaluation in divorce?

A drug evaluation is different from a private child custody evaluation although a drug evaluation may be part of the custody evaluation. An addiction expert (typically a Ph.D.) conducts a drug evaluation.

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 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.

What to do if you see drugs and paraphernalia?

If you see the drugs and paraphernalia, photograph it. You should also speak with a criminal law attorney about how to avoid liability to you for allowing drugs or paraphernalia at your residence.

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 court order hair follicle testing without consent?

However, the general view is a court cannot order hair follicle testing without both spouse's consent. 4. The different "panels" of testing. Take the time to learn about different types of drug testing, from 5 to 12 panel tests.

How to get divorce from an addicted spouse?

Finding a family lawyer or divorce attorney should be your first priority in seeking a divorce from an addicted spouse. When searching for legal counsel, make sure your attorney has experience with divorce cases involving substance abuse.

How can an experienced divorce attorney help you?

An experienced divorce attorney can help you by: explaining how substance abuse can affect court decisions in divorce cases. providing an overview of legal protections given to spouses and addicted individuals in your state. planning a safe exit strategy for you and your children, if applicable.

How does drug abuse affect marriage?

Drug and alcohol abuse can widen the cracks already present in relationships, and create additional problems financially, physically, and emotionally. Marriage is an intimate bond. Watching a loved one struggle with addiction and feeling unable to help them can be painful.

How to get a clearer idea of a relationship?

Through improved communication and in time, you may be able to get a clearer idea of whether your relationship can be saved, and whether you want it to be. Temporary separation from your spouse may also be an option to explore. If your loved one is struggling with substance abuse or addiction, don’t wait to seek help.

How to help my husband with addiction?

Through counseling , your spouse may learn to acknowledge the strain their addiction put on your relationship and take concrete steps to mend them. Through couples counseling or family therapy, you and your spouse may be able to work through some of the challenges you both faced as a result of your spouse’s addiction.

How does addiction affect marriage?

Within a marriage, this can show up in many different ways. First, addiction can impact a person’s ability to work, often resulting in worsened job performance, job loss, and difficulty finding a job.

What are the steps taken to ensure commitment to sobriety?

steps taken to ensure commitment to sobriety. drug and alcohol screening test results. Making preparations for child custody arrangements before moving to divorce your spouse can, for some, be a safety issue. Certain drugs can make people more prone to reckless behavior, hostility, and violence.

Initiating the Divorce Process

Washington is a no-fault divorce state, which means you cannot file a divorce because of a specific reason, like adultery or addiction. So, legally speaking, your spouse’s alcoholism or drug addiction will not play into your divorce. However, their addiction will undoubtedly affect the divorce process in other ways.

How Addiction Will Impact Child Custody

When children are involved in the marriage, the court will likely take additional action to ensure that both parents are fit and able, especially if there are allegations of alcoholism or drug addiction on the table.

How Addiction Could Affect Property Division and Spousal Support

Divorcing an addict could lead to several other challenges, including those affecting property division and spousal support.

What evidence is there for a spouse's substance abuse?

Potential evidence of your spouse’s substance may include: your spouse's arrest records for something related to substance abuse—DUI, public intoxication, or possession of a controlled substance. pictures of the controlled substances, you’ll want to prepare those for the court.

What is alimony in divorce?

the amount of property awarded to each spouse in the divorce. whether either spouse must financially support other people, and. any other circumstance the court believes is relevant to the alimony award.

What are the circumstances that determine alimony?

Each state has different guidelines for how judges should determine alimony, but in general, courts may consider the following circumstances: each spouse’s conduct during the marriage, including any misconduct, such as adultery or domestic violence.

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.

Can a sober spouse pay for alimony?

The court can also order the sober spouse to pay for the addicted spouse’s treatment, as well as post-treatment expenses until that spouse becomes self- reliant. In other words, while substance abuse issues could reduce alimony in some cases, it could also increase the alimony obligations for the sober spouse in other circumstances.

Can you get alimony if your spouse is sober?

In some cases, the sober spouse may be required to pay for the other spouse’s drug and alcohol screens and testing to see whether there is a serious substance abuse problem .

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.

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 are the facts about being in a relationship with an addict?

The facts about being in a relationship with an addict. Before we focus on addiction and divorce together, let’s discuss how the relationships with addicts look like. Because there’s no divorce without a dysfunctional relationship. But first of all, a few facts about the addicts. Although it is usually very hard for the non-addicted spouse ...

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 ...

What happens if a child is involved in a custody battle?

If during the divorce proceedings where there are children involved in the custody battle addiction is reported, the judge will order an investigation of this complaint. If there is proof of such allegations, the custody of children will be given to the non-addicted parent.

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.

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.

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.

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, ...

Is substance abuse a serious matter in divorce?

Not every state is the same and there are different laws regarding divorce as well. No matter what the laws, however, substance abuse is always a serious matter. Judges do want to see addicts get into treatment.

Can a judge see an addict in treatment?

Judges do want to see addicts get into treatment. There have even been some instances where couples have gotten back together after the addicted spouse got treatment. While that may or may not be an option, at least now you are aware of how the substance abuse issues in your marriage, could affect a divorce.

Can a spouse have less say in divorce?

If one spouse has substance abuse issues or an addiction, that spouse may have less say in the divorce proceedings. Courts do take addiction and substance abuse seriously. They want to make sure the addicted spouse takes responsibility for their actions, especially in cases involving children.

Can a parent give custody of their child without substance abuse?

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. This may happen if the children have sustained injuries while under the supervision of the addicted parent.

Can a parent be subject to drug screening?

The parent with substance abuse issues may be subject to random alcohol and drug screenings, have to attend addiction recovery meetings or get addiction treatment as well. Almost all custody orders, in these instances, would require the parent not to use drugs or alcohol while the children are in their supervision.

Can alcohol affect divorce?

One of the times when substance abuse plays a major factor in divorce is when children are involved. 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.

What is legal separation?

Legal separation is available to a married couple who is no longer able to cohabitate due to a breakdown in the marital relationship or when one spouse is suffering from incurable insanity.

What is separation law?

Legal separation laws. Separation Law is a branch of family law that is related to divorce law. It embraces processes, rules, and regulations that married couples have to follow when they are no more interested in living together as a married couple but are yet to decide whether or not to go with the divorce proceedings.

What is the process of legally separating?

The process of legally separating is somewhat like that of the divorce process in that the couple either requests that the court decide the terms of separation or a legal separation agreement is presented to the court for approval. In either case, making the decision to legally separate will require that the spouses work out arrangements ...

What is it called when you live apart for a long time?

This is known as separation .

How long can you stay separated from your spouse?

If you are legally separated from your spouse, you may remain so for as long as the two of you desire. A legal separation is reversible. How long can you be legally separated is your own judgment call. To be legally separated from your spouse, there is actually no need for you to get a divorce at some point.

What is the purpose of separation agreement?

Secondly, a separation agreement must address how the couple’s property and assets will be divided, including both tangible and intangible assets, retirement accounts, and other finances. It must also address how their debts and liabilities will be allocated, which can often present more of a challenge for couples.

Which states have no separation laws?

At present, the states that have no legal separation laws are Texas, Florida, Pennsylvania, Georgia, Louisiana, Iowa, Mississippi, Idaho, and Delaware. You’d need to visit the US Divorce Law Center to get information on the specific separation laws that apply to each of the states where the law is recognized.

What does it mean to divorce a narcissist husband?

Divorcing a narcissist husband who is the higher income earner means you are likely up against bullying and intimidation. This can be especially true if you have been a long time homemaker, stay at home mom or earn very little income.

What happens if a narcissist husband refuses to cooperate?

When a narcissist husband fails or refuses to cooperate in providing financial information, California law allows you to compel him or her to provide the information. These motions to compel as they are sometimes called alert the court of your narcissist husband's lack of cooperation.

What does it mean when a narcissist husband doesn't pay support?

The narcissist husband's failure to pay support or delaying payment. Failing to pay support or delaying it is a way to exert control. It comes in many forms and includes unlawful deductions from support that were not court ordered.

Should a wife respond to a narcissist husband?

The wife should not respond "in kind" when divorcing a narcissist husband. The wrong way and unfortunately the typical way many wives respond is "in kind", especially in high asset divorce cases. These wives meet unreasonable and aggressive behavior with their own unreasonable and aggressive behavior. This "fight fire with fire" approach ...

Can a narcissist husband be sanctioned in California?

California law also gives the court the discretion to monetarily sanction the narcissist husband for the attorney's fees and costs he caused. This can be a powerful deterrent because you will have turned your narcissist husband's uncooperative conduct against him by having him pay for his misconduct.