Divorce and Addiction: What You Need to Know

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The events of everyday life are hectic enough to stress even the best relationships. A marriage takes two dedicated people to be successful. When one of them succumbs to addiction, the downward spiral that accompanies an addition can become too much to deal with for the spouse of the addict and divorce may result. Divorce, in general, involves a plethora of issues that must be dealt with by the partners. When the situation involves divorcing an addict, additional issues need to be addressed. If this is you, you’re in the right place.

Addiction and Divorce

As already alluded to, divorcing an addict adds another level of issues that must be dealt with by both partners to the marriage. Addiction is the third most cited reason by Americans who file for a divorce. Infidelity comes first, with incompatibility a close second.  Of course, when dealing with addicts and divorce, it is easy to see that these areas can overlap as the addict seeks to maintain his or her addiction.  All divorces deal with issues involving financial assets and liabilities of the married couple. Another major issue that must be addressed relates to the children of the couple. If no children are involved and the number of assets and debts are minimal the process will be a little easier. Your family law attorney at the Law Offices of James C. DeZao can go over these and other issues with you.  

Divorce and Alcoholism

While alcoholism is the most common type of addiction found among Americans, it is unfortunately just one of many that haunt us. When dealing with addiction and divorce, it is impossible to be sure how things will progress. Addicts are unpredictable and inconsistent. When faced with being served with divorce papers, some addicts may respond by trying harder to rehab and recover, while others may increase their drug use or alcohol consumption. While any divorce may necessitate the need to file for a restraining order, the chance that this will be needed when divorcing an addict increases significantly.  

Issues Involving Children and Property

If you are seeking a divorce from an addict and you have children, you may have a strong desire that the addict will not have access to the children. An addict seeking to maintain the addiction will not be an appropriate caregiver for the children. Likewise, if you are the addict, you should strongly consider getting involved in a rehabilitation program and begin to fight the addiction if you have any desire to continue having a relationship with your children.

Another factor to consider involves the assets and liabilities that are part of the marriage. All divorces that have significant property involved will deal with an equitable division of the financial resources. Additional issues that come into play when dealing with addiction and divorce may involve protecting the assets by being plundered by the addict and limiting the harm that can come to the spouse of the addict by actions that encumber or deplete the assets or add liabilities to support to addiction. Protecting assets for the sake of the children will also be considered.

Consult an Experienced New Jersey Family Law Attorney

Even when both parties to the marriage agree that it is time to seek a divorce, there are still a plethora of legal issues that need to be properly addressed to ensure that you will get the fair dissolution agreement you deserve. The process is even more complicated when dealing with addiction and divorce. Consult the Family Law Attorney you can trust at the Law Offices of James C. DeZao. Our expert divorce lawyers can assist you through the whole divorce process, start to finish, so you can avoid the pitfalls and get the settlement that you deserve. Call (973) 358-6134 today for a free consultation.