Addiction can place significant strain on your relationship and ultimately lead to the breakdown of your marriage. If you are considering divorcing an addict, you likely have a strong reason for doing so. Approaching the divorce process strategically is important to protecting your rights and safety. 

Our team will put considerable time and effort into protecting you and your children during this very difficult time and long into your future.  

Protecting Yourself and Your Children 

Divorcing an addict is about more than just ending a marriage. You may also be considering divorce as a means to ensure your safety and protect your children. 

Still, you might feel complex emotions around the divorce. Perhaps your spouse has changed significantly since they began struggling with addiction, and you miss the person they were before their substance abuse became an issue. Or maybe you want to hold on to the idea that they could one day overcome their addiction. 

Through these emotions and thought processes, it is essential to prioritize your family’s safety above all else. In some cases, divorce may be a necessary step to protect yourself, and understanding your rights can help you navigate this process smoothly. 

Proving Addiction in Court

The court may take your spouse’s addiction into account when making decisions about custody, visitation, spousal support, division of assets, and more. Depending on the circumstances, your divorce attorney may help you collect evidence to prove your spouse’s addiction, such as:

  • Medical records
  • Police reports
  • Witness testimonies from neighbors or therapists

Presenting this evidence in court could help the judge make informed decisions about your spouse’s ability to parent or manage finances. Additionally, if you have previously been responsible for expenses like rehabilitation therapy, you may want to bring these up during discussions of asset division and alimony. 

Considering How Addiction Might Impact Custody

Addiction can impact a person’s ability to safely parent their children. The court aims to encourage children to spend time with their parents while also prioritizing their best interests when making decisions regarding custody.

If addiction poses a risk, the court might only allow supervised visitation rights for that parent. The court might also mandate other measures, such as routine drug testing, to monitor the addicted parent’s behavior and parenting abilities.  

The Importance of Iron-Clad Agreements 

When divorcing an addict, there might be a level of unpredictability around whether they will relapse, what their finances will look like in the future, and how their behavior will change. An iron-clad divorce agreement can help protect against future disputes and uncertainties. 

Work with a lawyer to create detailed, enforceable agreements on issues like:

  • Who can make decisions for your shared children
  • Any substance use conditions your spouse must meet, such as random testing
  • What custody and visitation will look like
  • Who will financially support the children

If your spouse’s behavior changes after the divorce, you can refer back to these agreements for guidance. 

Divorcing an addict presents unique challenges. Whether you are navigating a custody battle or sorting through feelings of codependency, Karen Ann Ulmer, P.C., can provide legal guidance through this process. Call (866) 311-4783 for a confidential consultation. 

Divorce sometimes provokes adversarial actions in people. If you are going through a divorce and your spouse has intentionally spent a large sum of money from your shared accounts, you might be feeling hurt, betrayed, or angry. Understanding your options can help you navigate this situation and start rebuilding your finances. 

The most important factor here is the date of separation. If you and your spouse agreed to divorce and then they went on a spending spree, your case is much easier to prove.  

Proving Their Financial Behavior

Perhaps your spouse went on a “revenge spending spree” as a way to retaliate against you for initiating a divorce or taking other actions they find unfavorable. Perhaps they gambled away your shared assets or spent a substantial amount of money on a vacation. In any case, the money is gone, and you are likely wondering what steps you can take next. 

Again, we rely on the date of separation – and if your divorce is already filed, then even better.  

Gathering evidence that your spouse intentionally wasted your money is key. Request copies of all financial records showing these activities. For example, your credit card statement will show all the transactions that led to the card being maxed out, along with the dates of each transaction. 

These financial records will help you prove that the overspending was intentional and not part of your family’s normal spending habits. 

Exploring Solutions for Wasteful Spending 

Your divorce attorney can help you explore your options after your spouse intentionally wastes money in your shared accounts or shared assets. They can also petition the court to mandate that your spouse return the funds they spent, and we will work with you to ensure that any available funds are used to compensate you.  

During the divorce proceedings, your attorney can help you request an equitable distribution of assets that accounts for the money spent by your spouse. In some cases, the court may adjust the division of marital assets to reflect one party’s excessive spending. 

Preventing Future Spending and Rebuilding

Taking steps to safeguard your assets can help you prevent your spouse from further unauthorized withdrawals. 

  • Freeze all shared accounts and credit cards to prevent any unauthorized transactions. 
  • Monitor financial activity closely and notify your bank if you suspect any wasteful or extravagant spending by your spouse.
  • Open a separate bank account and start transferring your income into it. Take caution when transferring funds from your existing accounts, as such actions could be scrutinized during your divorce proceedings. 
  • Have our team put clear agreements in place regarding all financial matters as we work to finalize your divorce.  

Divorce has financial implications even when both spouses cooperate fully. You may want to consider taking steps to start rebuilding your financial situation now. For example, you might want to explore a part-time job or a higher-paying career path. It may also be helpful to start calculating whether you can afford major expenses, such as a mortgage or car payments, on your own. 

Turn to Karen Ann Ulmer, P.C., for Assistance 

If your spouse has spent an excessive amount of money from shared accounts, there may be additional challenges to prepare for during the divorce process. Having a legal professional on your side can help you respond to your spouse’s behaviors appropriately while protecting your interests. 

Whether you are encountering a custody battle, alimony disputes, or other elements of a contested divorce, turn to Karen Ann Ulmer, P.C., for assistance. Call (866) 311-4783 to request a consultation. 

Divorcing later in life, sometimes referred to as gray divorce, presents a few unique challenges. The longer you have shared a life with someone, the more interwoven your finances, assets, and livelihoods have likely become. Untangling these matters may benefit from the support of an experienced legal professional. 

Understanding the complications that sometimes arise with this process could help you feel more confident navigating them. 

Essential Considerations When Divorcing Later in Life 

Perhaps you and your spouse are nearing retirement age, or your adult children have recently moved out of the house. Many circumstances might prompt a couple to divorce later in life. When going through divorce proceedings, consider how you and your spouse will navigate each of the following potential issues. 

  • Supporting two households: You and your spouse are used to sharing expenses. Now, the income you previously shared to support one household will need to stretch farther to support two entirely separate households. 
  • Retirement: You and your spouse will need to divide retirement assets that you might have previously planned to share. This reduces the funds you each have available and may delay your retirement.  
  • Alimony: Alimony is somewhat common for couples divorcing later in life. If one spouse earns significantly more than the other, consider how alimony might be a factor in your divorce. 
  • Estate planning adjustments: You and your spouse might each need to adjust your estate plans to reflect your new marital status. You may need to remove each other as beneficiaries, update power of attorney documents, and adjust your life insurance policies. 
  • Adult children: If you and your spouse were planning to pay for major expenses such as college or weddings for adult children, talk about how you will approach these costs when separated. 

Consider Alternative Dispute Resolution for “Late Life” Divorce

Some couples who divorce later in life benefit from alternative dispute resolution methods as opposed to going to court and allowing a judge to make major decisions for them. For example, divorce mediation encourages you and your spouse to discuss and reach a mutual agreement on issues such as the division of assets and alimony. 

Alternative dispute resolution methods are sometimes less stressful and emotionally taxing than going to court. They could allow you and your spouse to maintain a cooperative dynamic after the divorce and avoid the tensions that sometimes arise when going through a court battle. 

How an Attorney Can Assist This Process

An experienced legal professional can help you navigate the many complexities of divorcing later in life. A divorce attorney will help you consider all potential complications in the divorce and explore alternative dispute resolution processes with you. They can review your divorce settlement agreement and identify any potential issues that may lead to future financial problems.

Consult Karen Ann Ulmer, P.C. 

If you are divorcing later in life or considering a legal separation, Karen Ann Ulmer, P.C., can assist with evaluating your legal options during this process. Contact us today at (866) 311-4783 to schedule a confidential consultation.  

When you picture going through a divorce, you may envision you and your spouse each retaining your own attorney and passing much of the responsibility over to these legal professionals. But you may wonder: Can you negotiate your divorce yourself?

Negotiating the division of assets without a legal professional might make sense in certain cases. However, we highly recommend that you have an attorney review your final agreements.  And, if you have any reason to head to court, a Bucks County divorce attorney should be by your side. You want to protect your rights, and with self-representation, you might risk overlooking important legal considerations that could have financial implications. 

Benefits of Negotiating Your Divorce Yourself

For divorcing couples wanting to save money, it can be helpful to make preliminary agreements.  

This may save you a significant amount of time, especially if you and your spouse can reach a consensus fairly quickly.

  • It gives you and your spouse full control over certain outcomes in your divorce case without involving outside parties.
  • It saves you money on attorney’s fees. 

If you and your spouse are filing for an uncontested divorce, meaning you agree on all matters in the divorce case, you might be able to navigate the process without an attorney. 

However, we also caution you to really think through what you are agreeing to. The plan your spouse presents to you might seem equal and fair, but if your spouse had help with it, there may be an imbalance of knowledge or power. 

Potential Downsides of Negotiating Your Own Divorce

Sometimes, a pro se divorce, a divorce in which you represent yourself, could prevent you from achieving a favorable outcome. It could also lead you to overlook potential issues that might cause negative financial consequences. 

For example, perhaps your spouse agrees to give you the family home, but she is going to keep her entire retirement savings, including pension benefits.  

While you may be thrilled with the idea of keeping the home, you would walk away with an asset that requires maintenance, and you would have to ensure you can refinance the mortgage in your name. These details are critical to unpack before you sign on the dotted line.  

Your spouse may also ask that you split any debt, including car loans, student loans, and credit cards. However, we want to make sure that the debt is assigned to the spouse who will hold the asset.  

How a Divorce Attorney Can Assist

Attempting to work through ALL of the agreements on your own may only lead to further tensions and consume more time during your divorce process. With the help of a legal professional, you can use tools like divorce mediation to reach decisions on key issues. 

Your attorney can also find problems in your divorce settlement agreement before you file it. For example, how are you dividing assets? Which party will claim the children as dependents for tax purposes? How long will you or your spouse owe alimony?

Working with a legal professional could help clarify complex issues and streamline the divorce or legal separation process. 

Seek Guidance From Karen Ann Ulmer, P.C.

Can you negotiate your divorce yourself? You can, but we don’t recommend it. Working with an experienced legal professional such as Karen Ann Ulmer, P.C., can help protect your interests, reduce stress, and lead to a better outcome. Contact us today at (866) 311-4783 for a consultation.