It’s Not Your Fault: Divorce And Drug Use

When marriages break up, the causes can be complex. When one of the parties is addicted to drugs, the dynamics between the spouses will determine the health of the marriage and eventually the divorce. Though it's not always necessary to state fault when divorcing, it can sometimes be necessary.

Financial Problems and Divorce Settlements

Divorce is about a lot of things, but financial issues often dominate. Marital property, debt, spousal support, child support, and many more aspects of divorce are mostly financial matters. While many divorces come down to fighting about who ran up what debt, divorces that involve drug abuse can be more contentious. It's no secret that those abusing drugs may misuse the couple's financial resources, trade marital property for drugs, and be unable to contribute any income. 

When it comes to divorce, it may be necessary to use the fault angle to prevent an unfair assignment of assets and debts. Proving fault could help ensure that the innocent party is not responsible for the other's debts. It may also guarantee a more equitable distribution of marital assets. 

Unfit to Parent

Even though many parents and judges agree that a child tends to flourish when they spend time with both parents after divorce, drug use can make that impossible. Consider asking for sole physical custody and limiting the visitation rights of the other parent. Think about allowing only supervised visitation to keep your child from being driven away or spending the night with the addicted party. 

Drug addicts may get sober, so visitation can be altered as needed. Unfortunately, relapsing is very common, so constant vigilance if visitation restrictions are eased is key. When setting up a parenting plan, bringing the spouse's drug problems into the custody issue is vital to protect the child. 

What to Know About Fault Divorces

No-fault divorce is simple and quick. Fault divorces, though, can take longer and may be stressful for all sides. Before you make allegations of fault, speak to your divorce lawyer and be advised. In most cases, you may be required to present proof of your spouse's drug addiction. You might need to present records of arrests, trips to rehab, and more. This is a difficult situation, but the alternative is to be taken advantage of financially and more. 

A fault divorce is a huge step to take, and it can be the ultimate boundary against an addict's actions. Speak to a divorce lawyer to find out more.