When your spouse struggles with a substance abuse problem, it can often be the cause of divorce. Whether it’s drugs or alcohol, you may have had enough and want to file for divorce. However, you may wonder how this will affect whether or not you can proceed with the dissolution of your marriage. You’ll want to keep reading to learn more about how this can impact your divorce and discover how a Somerset County divorce attorney can help you through these challenging times.
How Can a Substance Abuse Problem Impact Divorce?
It’s important to understand that you can get a divorce for any reason, as New Jersey is a no-fault divorce state. However, if your spouse had a substance abuse problem, whether it’s a dependency or a full-blown addiction, it can affect the outcome of your divorce.
Though New Jersey is a no-fault divorce state, many couples still choose to file based on fault. As such, you can file for a divorce based on a spouse’s addiction. Generally, if your spouse has been struggling for twelve consecutive months, it is grounds to file a fault-based divorce. Though you may not need to, there are advantages to this approach.
How Can a New Jersey Divorce Attorney Help Me?
It’s important to understand that there are ways an addiction can impact the outcome of your divorce.
In some instances, such as substance abuse or addiction, this will impact your custody arrangement. If your spouse is unable to care for your child properly, you may be able to prove that they cannot meet your child’s needs. It’s essential to understand that addiction does not mean the other parent does not love their child, just that they do not have the means to properly care for their child because of their addiction.
It’s essential to note that New Jersey is an equitable distribution state, and marital misconduct does not mean they will automatically receive fewer assets during the distribution of assets. The courts will take time to ensure the division of your marital property is as fair as possible. This also means if your spouse took marital assets to fund their addiction, you may receive assets as a means of resolution.
Similarly, an addiction can impact alimony payments. An addiction can affect the outcome of your alimony arrangement, especially if your spouse used joint assets to support their abuse. As such, you may receive a more favorable alimony outcome.
At the Siragusa Law Firm, we understand how devastating it can be when your spouse has a substance abuse issue. We will do everything possible to help you navigate the complexities of divorce while you heal from the emotional impacts of the dissolution of your marriage. Contact us today to set up a consultation.