Over time, a marriage may become insupportable for different reasons. When one spouse has an addiction to drugs or alcohol, the marital relationship may break down much faster. Addiction is a terrible thing. People struggling with substance abuse often need professional help, but sometimes, you may not be in a position to lend aid.
If your partner has a chronic dependency on drugs or alcohol, it could contribute to a messy divorce. When children are involved, the proceedings may become even more complicated. To protect your best interests, you should strongly consider working with a skilled family law attorney who can advise you of your rights and represent you in negotiations for a fair divorce settlement and during courtroom proceedings.
How Does Substance Abuse Affect Child Custody Disputes?
In Illinois, all child custody disputes are guided by a single principle. When judges decide which parent a child should live with, they will prioritize the child’s best interests above all else.
You may have reservations about leaving your child in your spouse’s care if he or she has a history of endangering the child. In these cases, it may be appropriate to petition for sole custody rights until your spouse submits to treatment and gets clean.
To make a case for sole custody, the burden of proof will be on you to show that your spouse is not fit to take care of your child. A divorce attorney can help you document the ways your spouse’s substance abuse has affected your child’s best interests, such as text messages, photos, and witness testimony.
Do I Need an Order of Protection?
Addiction can take people to dark places. If you believe your safety is at risk due to the volatile behavior of your spouse, it may be in your best interests to consider requesting an order of protection to protect yourself and your children from violence or abuse. However, if you are in immediate danger, do not hesitate to call the police, and be prepared to find a safe haven at a domestic violence shelter or the residence of a trusted friend or relative.
If granted by a judge, a protective order may come with multiple restrictions against your partner. Your spouse could be ordered to stay away from you, cease all harassment, and undergo substance abuse counseling, in addition to whatever else the judge believes is appropriate.
What if My Spouse Blames Me for the Collapse of the Marriage?
During divorce proceedings, your spouse may attempt to blame you for the collapse of the marriage, even if you had nothing to do with it. A false accusation could be motivated by spite or a desire to get a greater share of marital property to feed an addiction.
However, in Illinois divorce courts, allegations of cruel treatment and infidelity do not hold much legal weight. This is because Illinois is a ‘no fault’ divorce state, which means that you cannot be penalized in property division or alimony for the collapse of the marriage, whether the allegations are true or not.
Fears of Dissipation in Troubled Divorces
When you file for divorce, you will have to divide all of your marital property – that is, all of the assets that you share with your spouse. Generally, an asset is considered marital property if it was acquired during the marriage, unless it was given to you as a gift or inheritance.
Substance addiction can motivate people to take drastic, reckless actions. When faced with divorce, your spouse may lash out and damage or destroy items that are important to you. They may also use marital assets to further their addiction. If you suspect that your spouse is wasting marital assets, you can protect yourself by filing a dissipation claim. This can help ensure that any lost, wasted, or destroyed marital assets will be addressed correctly during the property division process. A divorce attorney can investigate a dissipation claim on your behalf, documenting a paper trail to help you build a case.
Will I Have to Pay Alimony if My Spouse Has a Substance Addiction?
Substance addiction does not bar your spouse from receiving alimony. When deciding whether or not to award alimony, the court can weigh different factors, such as your spouse’s contributions to the marriage, the standard of living established during the marriage, and your spouse’s health.
If your spouse needs treatment for his or her addiction, the judge may consider that when deciding whether court-ordered support is necessary. If one spouse earns more than the other, the court may also consider the income disparity when determining whether to award alimony. The judge may choose to award alimony on a short-term basis or for a longer period of time, depending on your spouse’s needs and how long your marriage lasted.
Although alimony is usually awarded based on need, the paying spouse’s needs should not be neglected either. A divorce attorney can make sure that you are fairly represented in negotiations for alimony, taking your financial situation into account.
How a Marital Agreement Can Protect Your Best Interests
A prenuptial agreement is a binding document that can outline how your divorce will be handled. This can include provisions for property division, alimony, and other financial issues. If you are worried that your spouse will try to drag out the legal proceedings with needless arguments, a properly drafted marital agreement can help to get things over with quickly. In especially volatile divorces involving a spouse with a substance addiction, a marital agreement can be a powerful tool.
A prenuptial agreement can only be contested under limited circumstances. A judge may deny a prenup if it is clearly unfair to one party or if your spouse can prove that he or she did not sign the document willingly. A divorce lawyer can review your prenuptial agreement and argue that the document should be upheld in court.
Meet With a Chicago, IL Divorce Attorney
Divorcing a partner with a dangerous addiction can be a major challenge to overcome. You may be torn between wanting to help your spouse while also looking out for your own interests as well as your children’s. Having an attorney at your side during this fraught chapter of your life can make all the difference. A Chicago family law attorney can help you achieve the best possible outcome through skilled negotiation and advocacy, remaining sensitive to your needs throughout the process.
