For many, a marriage is a test of communication, teamwork, and overcoming everything life throws your way. However, when one partner struggles with substance abuse issues, it can cause a breakdown in the marriage. This can be an incredibly challenging time for many, so understanding your legal options and why you need a Somerset County divorce attorney is critical. The following blog explores how addiction can impact your divorce and what you can do to prove it during your divorce.
Will Substance Abuse Issues Impact the Outcome of My Divorce?
It’s important to understand that New Jersey is a no-fault divorce state. As such, you do not have to prove that your divorce is caused by anything other than an “irretrievable breakdown.” However, if your spouse is struggling with substance abuse, these issues can affect additional matters in your divorce, like child custody or alimony.
Generally, if you have children, proving that your spouse struggles with addiction is critical to receiving custody of the child. Though you may feel guilty, it is necessary to prioritize your child’s health and well-being above your spouse’s desires. Placing your child in the care of someone who is struggling with addiction can cause irreparable damage and put your child at risk of neglect.
Additionally, if you are going through a divorce and your spouse requests alimony, you may be able to prove that their substance abuse issues prevent them from supporting themself. Essentially, if they can earn a higher income than they currently do because of their substance use, you may be able to prove this and have your spousal support obligations reduced.
What Can I Do to Prove My Spouse Is Struggling?
Though you may not want to, taking the necessary steps to prove that your spouse has substance abuse issues is critical to protecting yourself. As such, understanding what you can do to demonstrate any problems your spouse struggles with is critical.
One of the most beneficial pieces of evidence is any police reports filed against your spouse. This can include DUI or public nuisance charges they received while they were under the influence. Additionally, you’ll find that you can submit any medical records or rehabilitation visits from your spouse. This can help illustrate the extent of their issues.
Another critical piece of evidence is any text messages exchanged between you and your spouse in which they admit their issues. This can help illustrate they are aware of their problems.
Getting a divorce isn’t easy, especially when you love your spouse but their substance abuse issues have taken over. As such, it’s imperative to understand how to proceed during these matters. Connecting with an experienced attorney who can help represent you and your best interests is critical. At the Siragusa Law Firm, our dedicated team will work with you to help you achieve the best possible outcome for your divorce. Connect with us today to learn how we can guide you through these complex times.
