You may truly love your spouse and have made your best efforts toward getting them the help they need to treat their serious addiction issues. However, if they are unwilling to help themself, and their addiction is now breaking down the foundation of your marriage, you may have to make the hardest decision you have ever made and file for divorce. With this, you may wonder if the New Jersey family court will show sympathy towards you in having to deal with the negative effects of your spouse’s addiction for so long. Well, please continue reading to learn how the courts treat addiction in divorce cases and how an experienced Bergen County divorce attorney at McNerney & McAuliffe can help prove your stance and earn favorable arrangements and terms.
How do courts treat one spouse’s addiction in divorce cases?
The New Jersey family court may take your spouse’s addiction into deep consideration when they are deciding on your child custody and alimony orders. For one, if your spouse is actively struggling with a substance abuse issue, the court may hold that they are not parentally fit enough to adequately care for and maintain a safe home environment for your child. In turn, at the very most, they may grant your spouse supervised visitation rights, where they may spend time with your child while a professional or designated individual oversees it.
Secondly, the court may have reason to believe that, during your marriage, your spouse squandered a significant amount of your marital assets to fund their addiction. With this, there may be fewer assets to divide equitably in your property division proceedings. Therefore, the court may feel more inclined to make you an alimony recipient and give you a favorable alimony order, to make up for the assets you unfairly and unnecessarily lost because of your spouse’s wrongdoing.
How do I prove my spouse’s addiction issues in my divorce case?
You cannot throw out such a bold claim as your spouse has addiction issues without backing it up with solid evidence. Otherwise, the New Jersey family court may assume that you are pulling at straws, so to speak, to come out on top in your divorce case. With that being said, you may bring forward the following pieces of proof that highlight your spouse’s history and current struggle with substance abuse:
- Bills or other records that your spouse has been admitted to a rehabilitation facility.
- Police records that your spouse has been arrested for driving while intoxicated or drug possession
- Your spouse’s medical records showing that they have health concerns related to substance abuse.
- Your spouse’s work records showing that they have been disciplined for substance abuse or failed drug testing.
- Witness testimony from loved ones showing that your spouse has been visibly under the influence of substances.
If this blog has deeply resonated with your personal situation and concerns thus far, please reach out to a skilled Bergen County family law attorney for more information. The team at McNerney & McAuliffe will be glad to represent you in your upcoming legal case.