Substance abuse is one of the most significant stressors that can be placed on a marriage. And sometimes, due to any number of factors, the healthiest choice for spouses attempting to navigate either active addiction or recovery is to end their romantic partnership.
A law firm has extensive experience handling both relatively straightforward and complex divorce cases. If you and your spouse have decided to divorce and substance abuse is a factor in that decision, please consider scheduling a consultation with a law firm. Substance abuse does not ordinarily affect the process of property division or the legal filing process associated with divorce, but it can from time to time. This situation does have the power to impact child custody cases. It is therefore generally a good idea to speak with an attorney about the specifics of your situation in order to get a better idea of how substance abuse may impact your divorce case in particular.
Impacts on the Divorce Process
The vast majority of divorce cases are filed in a no-fault manner. This means that the reasons a couple chooses to divorce are usually irrelevant in the eyes of the court. A small number of cases are still filed on a fault basis in certain jurisdictions. If you feel that filing in a fault-related manner would benefit your case, an attorney will be happy to talk to you about whether this may be an option in the jurisdiction you are seeking to file. Depending on the nature of your case, a fault-based divorce may result in some substance-related impacts on the terms of your divorce settlement, but this is fairly unlikely.
Impacts on Child Custody Matters
Family law matters that require judicial intervention are determined according to the “best interests of the child” standard. If you and your spouse have a minor child and you cannot successfully mediate or negotiate the terms of your child’s custody agreement, a judge will make a decision based on this standard. If a judge believes that the child’s best interests will be affected by a parent’s active addiction, history of relapse, short duration of current recovery span, etc. that substance abuse may affect the judge’s ultimate decision concerning custody.
Legal Counsel Is Available
If you have questions about divorce generally or how substance abuse may impact your divorce process specifically, please consider scheduling a consultation with a divorce lawyer in Tampa, FL. Consultations are confidential, so you need not feel self-conscious about raising any concerns you may have about either the divorce process or the firm’s representation.
Thanks to The McKinney Law Group for their insight into family law and how substance abuse can affect your divorce.