Drug or alcohol addiction is a substantial problem no matter an individual’s situation. When drug or alcohol addiction occurs within the context of a marriage, even the strongest of marriages can quickly corrode to the point where divorce is the best available option. Many individuals who are involved with divorces that feature addiction find it valuable to retain the services of an experienced Birmingham family law attorney who has helped other clients in similar situations. Because the decision to divorce a spouse with addiction issues is a complicated decision, individuals frequently benefit from considering some of the aspects of how addiction can affect various issues surrounding a divorce.
The National Survey on Drug Use and Health reports that almost nine percent of the population in the United States over the age of twelve uses illegal drugs. Subsequently, millions of people in the United States are in need of treatment for addiction. As a result of the prevalence of drug and alcohol addiction, individuals who are contemplating a divorce due to illegal drug use or alcohol addiction should not feel embarrassed or ashamed even though the individuals might be forced to disclose intimate details.
The Marital and Domestic Relations Section of Alabama code recognizes as a potential grounds for an at-fault divorce when one spouse becomes addicted after marriage to either habitual drunkenness or to habitual use of drugs like opium, morphine, cocaine. Subsequently, to determine the exact nature of a spouse’s drug or alcohol problem, a lawyer will likely ask about the specific types of substances a former spouse is consuming, how long a spouse’s problems have existed, and whether a spouse has receive treatment for addiction issues.
Not only can addiction serve as the ground for a divorce in the state of Alabama, addiction can also greatly impact how a court determines custody issues. Courts will strongly consider issues like drug or alcohol addiction that substantially impact parenting ability. If an individual’s addiction is severe, the court might deny the spouse with addiction issues overnight visitation rights or order that all visitations be supervised. In many situations, Alabama courts award full custody to the parent without addiction issues.
In the state of Alabama, a spouse’s behavior is one factor that is considered when courts determine how property should be divided. If the spouse with addiction issues negatively impacted the couple’s finances, a court will likely award a larger share to the spouse without addiction issues.
Divorce is an emotionally difficult and strenuous time for individuals and this process is only more challenging when a spouse’s addiction is an issue. If you are involved in a divorce in the Birmingham area that includes drug or alcohol addiction, do not hesitate to contact a top Birmingham divorce attorney at Alabama Divorce & Family Lawyers, LLC to explain your available options, help you navigate various issues, and zealously represent you in a court of law.
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