Divorce is a difficult time for anyone, but it is particularly hard when your spouse is addicted to drugs or alcohol. The process can be more challenging, no matter if your spouse is a new addict or if the addition is the reason for the divorce. Those addicted to drugs and alcohol may be harder to interact with, which complicates the necessary interactions throughout the divorce process.
To make matters worse, you may be the primary recipient of the bad behavior brought on by an addiction. To help make the divorce process easier, you need to know what to expect when you divorce an addict. Here are some things you need to know.
Start the Process of Divorce
Illinois is a no-fault divorce state. This means you do not need to prove fault in the divorce proceedings. However, the behaviors caused by the addiction can still have an impact on the divorce. If the addiction causes your spouse to become unstable or dangerous, it will impact your case.
If you can show evidence your spouse’s addiction causes dangerous or unstable behavior, either through drug tests, arrest records, or other means, the judge may deny your spouse some privileges.
Figure Out Addiction and Child Custody
When you have children with an addict, the judge will take steps to make sure both parents are stable. The court will look at the health of both parents when they decide on a healthy custody arrangement for the children. If one parent has an issue with addiction, the court will make a decision with that information in mind.
When one parent has an abuse problem, the judge can hold them accountable if the judge determines the addiction will affect the parent’s ability to parent the child. However, the court may decide to make special arrangements for the children to see both parents in some cases.
For instance, the addicted parent may receive some visitation once they become sober. Supervised visitation may also be an option. Additionally, the addicted parent may have to submit to random drug or alcohol screenings, and overnight visits may not be permitted until the addicted spouse meets certain requirements.
In severe cases, the judge may remove parental rights completely. If the addiction can bring serious harm to a child, or if the parent will not follow the rules set out by the court, the judge may remove rights from the parent.
Determine Spousal Support and Asset Division
Another issue to figure out is how you will divide assets and set spousal support. Illinois is an equitable division state. This means marital property divides equally among both spouses, but a judge can alter the division if he or she sees fit to do so. The circumstances of the case have an impact on the division.
For instance, if the addicted spouse uses up the entire checking account to fund their addiction, the court may not allocate as many assets or may provide the other spouse with a higher portion of the assets due to the inability to properly manage money. However, the judge also has the authority to make changes to the divorce once the addicted spouse makes progress in recovery.
The same situation stands for alimony as well. If the addicted spouse is to receive alimony, the judge may not award said spouse with as much alimony for fear they will squander the money on drugs or alcohol.
Divorcing a person with a drug or alcohol addiction is hard. Expect possible contention, arguments, and additional legal issues throughout the process. If you need help with your divorce, please contact us at Randall A. Wolff & Associates, Ltd.
