Addiction is something many struggle with, whether it’s an addiction to gambling, shopping, or substances. In many instances, when one spouse struggles with substance abuse issues, it can cause the marriage to deteriorate. As a result, many couples will divorce. It’s important to understand how these problems can impact a divorce and what you can do to prove these matters with the assistance of divorce attorneys in Nassau County. Keep reading to learn more about the effects this can have on your marriage and what you can do to illustrate these matters.
Will Substance Abuse Issues Impact a Divorce?
New York is a no-fault divorce state. As such, you do not need to cite a reason you and your spouse want to separate, other than an “irretrievable breakdown of the marriage.” It is not necessary to prove that your spouse has substance abuse issues to be granted a divorce.
However, your spouse’s substance abuse issues can impact elements of the divorce, like child custody and alimony. For example, if your spouse’s addiction will place your children at risk if left in their care, ensuring you do everything possible to protect them from harm is critical. Generally, the courts will evaluate several matters when determining a child custody plan, and if you can prove the extent of your spouse’s addiction and that it will negatively impact your children’s health and well-being, the courts may side with you.
Additionally, your spouse may request higher alimony payments. However, if you can prove that their addiction prevents them from achieving the earning capacity they are capable of, the courts may order lower payments. This is because your spouse can earn an income but they may not because of their addiction.
What Can I Do to Prove the Extent of My Spouse’s Problems?
Though you may feel guilty about proving the extent of your spouse’s addiction to the courts, it’s essential to ensure you receive a fair outcome and protect your children. As such, there are steps you can take to help illustrate that your spouse is abusing substances.
Generally, any medical records from your spouse related to their addiction can be used. Additionally, if your spouse was in rehabilitation for their problems, their intake form and other records can prove their addiction.
If your spouse has a criminal record because of their drug use, whether this is possession, DUI, or domestic violence, you can use these records to help show that your spouse is unfit to care for your children.
Though you may love your spouse and want to see them recover, taking the time to prove the extent of their substance abuse issues is critical to protecting yourself in these challenging times. At Barrows Levy, our dedicated team will do everything in our power to assist you through these matters. Connect with us today to learn how we can help guide you through these challenging times.
