Each California County usually has a respected addiction expert who may testify as an expert and make recommendations to the Family Court. These experts are usually a Ph.D. and may serve a dual role of a private child custody evaluator. The law does not provide any advantages to a supporting spouse just because he or she abuses alcohol.

• States such as California and Washington exemplify the no-fault divorce approach.
• An attorney will assist you in understanding the specific divorce laws in your jurisdiction and how they apply to your situation.
• This is also the most common reason why divorcing an alcoholic is the best option for some.

Seeking Professional Help For Spouse

Nearly 20% of alcoholics are highly functional and well-educated with good incomes. Because these types of users appear stable and mostly unaffected by their drinking, the steps to effectively confront a functioning alcoholic and work with them on their behaviors can be even more difficult. We have over 30 years of success in West Michigan in divorce cases, child custody matters, high-net-worth asset disputes, and family law functional alcoholic husband appeals. When your spouse’s employment is terminated, you will still have most of the same monthly expenses, and your marital assets will dwindle very quickly. An asset division as part of a divorce judgment may safeguard your use of the assets to pay the cost of living and safeguard your retirement funds. Especially with children in the home, you should have an exit plan should your spouse’s intoxication lead to violence.

Divorcing An Alcoholic: Legal Considerations

Divorcing an alcoholic partner can be difficult but there are support systems available for those who are facing this challenge. Finding support from people who understand what you’re going through can make all the difference as you work through your emotions during this difficult time. Ultimately, the goal of collaborative divorce or mediation is to find a resolution that is fair and equitable for both parties, while also addressing the unique challenges posed by alcoholism.

• When she saw me get drunk and start alcohol-induced arguments while we were dating and engaged, it was behavior with which she was familiar.
• Seeking the help of a skilled lawyer or therapist can provide you with the support and guidance you need to navigate this difficult time.
• Still, intimate partners often see the signs before others because of their proximity to their spouse.
• Dissolving a marriage you cherished can be an emotionally turbulent voyage, even more so when the decision to depart rests solely on your partner’s shoulders.
• One of the biggest concerns when divorcing an alcoholic is protecting your finances.
• Setting boundaries involves defining what behaviors are acceptable and unacceptable, as well as communicating those boundaries clearly to your spouse.

Divorcing An Alcoholic: How To Leave An Alcoholic Spouse

If you are concerned about someone you care about who might be struggling with alcoholism, there are ways you can offer support. If they’re open to discussing their drinking, offer your support and encourage them to talk openly. Listen to their reasons for drinking and suggest therapy or rehab as potential paths forward. If they’re not ready to talk, let them know you’re there for them whenever they are ready. You can also find support groups or counseling services to help both yourself and the person dealing with alcoholism. Likewise, it can be emotionally tolling trying to leave someone you care about who’s struggling with alcoholism.

Demonstrating the Impact of Alcoholism on Parenting Abilities

This will also ensure that conversations remain productive instead of escalating into arguments or becoming emotionally charged. With support systems in place, divorcing an alcoholic spouse can be made easier and less stressful for everyone involved. Transitioning into setting boundaries during communication will be further discussed in the next section. Setting boundaries involves defining what behaviors are acceptable and unacceptable, as well as communicating those boundaries clearly to your spouse. This may include limiting or monitoring their contact with you or your children until they seek treatment for their addiction. It’s important to remember that setting boundaries is not about punishing your spouse, but rather protecting yourself and your family from harmful behavior.

Our Family Lawyers in South Carolina Can Help with Your Case

According to the American Academy of Matrimonial Lawyers, over 70 percent of divorce cases involve alcohol abuse, making it one of the top grounds for divorce. As a family law attorney, I understand how difficult it is to navigate the divorce process when you are divorcing an alcoholic spouse. You may be worried about how to protect yourself and your children while also maintaining a good relationship with your spouse. Divorcing an alcoholic spouse has its challenges, but with proper guidance and emotional support, the process can be navigated more smoothly. Seeking professional help from family law attorneys is essential when facing such a complex situation; they are equipped to evaluate each situation individually and offer solutions tailored to meet individual needs.

• Alcoholism, also known as alcohol use disorder, is a broad term which encompasses both alcohol abuse and drug addiction.
• When your spouse becomes violent, always call the police to ensure your and your children’s safety and to have an incident report which will assist during custody hearings.
• Determining how your spouse’s alcoholism will affect certain aspects of life, such as child custody, often requires the use of expert witnesses.
• Uncover practical advice, compassionate perspectives, and real-life stories to help you navigate the complexities of divorce in the context of alcoholism.
• Alcoholism can erode the very fabric of marital life, leading to a host of issues that extend beyond the individual to affect the entire family unit.
• It’s important to understand the legal considerations involved and address the financial consequences that may arise.
• This decision is a deeply personal one, but there can also be very real legal consequences for divorcing your spouse.

Laws about Alcoholism and Divorce