Are You Divorcing An Alcoholic? What You Need To Know

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Are You Divorcing An Alcoholic? What You Need To Know

14 April 2016
 Categories: , Blog

More than 76 million people are currently affected by alcohol dependence. If you are divorcing your spouse because they are an alcoholic, this makes an impact on your divorce. Below are some things you need to know to ensure you have no problems while you are going through this.

Having Problems with Custody

Your spouse will have problems being a good parent because of their alcohol abuse. This is even true if they only drink when they are away from the children. They will not be able to provide your children with a nurturing and loving environment because they likely think more about where their next drink is coming from than they do the children. They may also drink in front of your children. During the custody dispute, the judge will determine the child custody based on the best interest of the child.

You can talk with the court about your spouse's alcohol abuse problem so they can take this into consideration. They will likely award you custody. They may tell your spouse if they get counseling and can be alcohol-free for a certain amount of time, they can see the kids alone, such as on the weekends.

If you hire a divorce attorney like Moore Robert G Attorney at Law, they can ask the court to do a parenting evaluation on your spouse before the court makes the custody decision.

Keeping Evidence

If your spouse abuses you during your marriage while they are drunk, you need to make sure you can show evidence to the judge. For example, take photos of things like broken teeth, bruises, etc. If you had to call the police, show the court the police report. If you had to visit an emergency room, keep the doctor's reports.

Dividing Assets

Your husband likely spends a lot of money on alcohol, and he or she may spend more than what you know. Some alcohol drinks are very expensive.  Your spouse may be spending your money on their drinks, especially if you have a joint checking or savings account. They may also use your credit card if it is in both of your names.

The court will likely not penalize you for your soon to be ex-spouse's dissipation of the marital assets.  The judge may divide this debt, or if all of the debt came from your spouse's alcohol problem, the judge may make your spouse pay all of it. In many cases, assets are split down the middle. In this case, however, your judge may award a larger share of the remaining assets to you.

Make sure you hire a divorce attorney, especially because this type of divorce is much more difficult. They can help you get through it and make sure everything is done correctly.