Substance Abuse and Divorce 

 Posted on July 21, 2023 in Divorce

There are many different reasons why a couple would consider divorce; however, in many cases, the reason revolves around addiction. If one partner is addicted to drugs, alcohol, gambling, or even pornography, this can lead to the deterioration of a marriage. Regardless of how a person behaves at the beginning of a marriage, addiction can drastically change their personality, ability to keep a job, and even how they take care of their children. Living with someone who is an addict can negatively affect a family, which is one of the many reasons why this is a common reason for divorce. If you are in the process of getting a divorce from someone who is an addict, it is essential that you clearly understand your rights, especially if there are children involved.

What To Do If Children Are Involved

Typically during divorces involving children, the court will base its decision on what they believe to be in the child's best interest. When a parent is abusing drugs and alcohol, this can affect their ability to care for their children appropriately.

Usually, parents split parental responsibilities and parenting time for their children. However, this may not be possible if a judge believes one of the parents cannot care for their children properly. In this case, the court may grant supervised parenting time and no overnight stays for the parent who struggles with addiction. This parent may also have to undergo random drug and alcohol testing and attend a recovery program. However, if it is a situation where a child has suffered abuse while under the supervision of this parent, then all parental rights could be terminated. The parent with no addiction problem will have a better chance of receiving the majority of the parental responsibilities. This will help ensure that the child is appropriately cared for and living in a safe environment.

Dividing Marital Property

Marital property is anything that a couple has acquired together throughout their marriage. In Illinois, these assets are subject to equitable distribution, which means that these assets will be divided fairly. However, remember that this does not mean that these assets will be split equally. Substance abuse could affect how much each spouse receives during the divorce; for example, if the spouse struggling with substance abuse has a past of misusing the couple's finances, this might be considered a dissipation of assets. This means that the sober spouse might receive more assets in order to balance any dissipation.

Contact a Naperville Divorce Lawyer

Divorce is hard no matter the circumstances. However, if you have a spouse who struggles with substance abuse, this can further complicate matters. Substance abuse is a sensitive topic and can affect many issues throughout a divorce. Working with an experienced divorce lawyer can help address your concerns and protect your rights. Contact our DuPage County divorce lawyers today at Pesce Law Group, P.C. to learn how we can help you. Call 630-352-2240 to set up a free consultation today.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=232&ChapterID=5