Tips for Divorcing Someone With Substance Abuse Problems

 Posted on July 27, 2021 in Divorce

Substance abuse is one of the most common reasons why couples get divorced. When one spouse suffers from addiction, it can affect his or her ability to keep a job and take care of the children. If your spouse is addicted to drugs or alcohol, the divorce process can become more complicated. As such, it is important to learn about your rights and prepare for the divorce process in advance. An experienced divorce lawyer can help you understand how substance abuse may impact your divorce case.

How Substance Abuse Can Affect a Divorce

Illinois is a no-fault state. To get divorced in Illinois, you must only show that you and your spouse have “irreconcilable differences” and can no longer make the marriage work. However, if one spouse has a substance abuse problem, it could impact divorce proceedings. If you and your spouse, for example, have children together, you may not want your spouse to have a significant portion of the parental responsibilities or parenting time.  Being addicted to drugs or alcohol can make it more difficult to provide children with a stable and safe environment. You may doubt your spouse’s ability to care for your child and keep him or her safe. 

Substance abuse can also have a massive financial impact on a married couple. If your spouse spent money or sold property to fund his or her addiction, you may have a valid “dissipation of assets” claim. You may be entitled to reimbursement for the “dissipated” or wasted assets. 

How to Divorce a Spouse With Addictions Problems

Divorcing someone with a substance abuse problem can be messy, but taking the proper steps can make the process a little easier.

• Consult a divorce lawyer. If you want to divorce someone with a substance issue, it is important to have a skilled lawyer on your side. He or she can help you understand what to expect during the divorce and advise you of your rights. Your lawyer can also help you negotiate an agreement on property division, child custody, and other divorce concerns. If needed, your attorney can help you request temporary relief orders or, if needed, an order of protection for you or your child.

• Go to therapy. A divorce can be especially draining if your spouse suffers from addiction. It is not healthy to keep your emotions bottled up inside. Consider seeing a mental health professional to help you come to terms with your spouse’s addiction and teach you healthy coping mechanisms.

• Protect your finances. Funding an addiction can be very expensive. If you are worried that your spouse may drain your funds, you can take steps to prevent this from happening. For example, you can change your PIN for your debit cards and transport your valuables to a secure location.

Contact a DuPage County Divorce Lawyer

If you want to divorce someone who suffers from addiction, a Naperville, IL divorce attorney can help. At Pesce Law Group, P.C., we understand that you are in a difficult situation and want to offer you legal guidance. Call 630-352-2240 to schedule a free consultation.

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=3700000&SeqEnd=5200000