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.
Work With Karen Ann Ulmer, P.C., for Legal 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.
