Facebook Twitter Our Blog
Search
Anderson and Associates, P.C.

Free Initial Consultation

630-653-9400

Issues to Be Aware of When Divorcing a Substance Abusing Spouse

Posted on in Divorce

b2ap3_thumbnail_substance-abusing-spouse-DuPage-County.jpgAbuse of alcohol and drugs is an increasing problem in the United States, and substance abuse issues can play a major role in the breakdown of a marriage. In fact, studies have shown that nearly half of people who suffer from alcohol use disorder or have suffered from it in the past have gone through a divorce. The rate of divorce for the rest of the population is only 30 percent, however. If your spouse has problems with drug or alcohol abuse, you should be aware of the following issues that may arise during divorce.

Grounds for Divorce

Since Illinois is a no-fault divorce state, spouses do not need to demonstrate any grounds for divorce other than “irreconcilable differences.” That is, the only requirement for divorce is that the relationship has irretrievably broken down. A spouse’s substance abuse may have been a reason for this breakdown, but the law does not require it to be proven, and in fact, attempting to raise the issue may make the divorce process lengthier and more complicated. An experienced divorce attorney will be able to advise you about whether you should raise the issue of substance abuse during your divorce proceedings.

Financial Issues Related to Substance Abuse

Financial struggles and disagreements are often one of the primary issues that lead to the breakdown of a marriage, and substance abuse can play a major role in a couple’s financial problems. A spouse who suffers from an addiction may spend a great deal of the couple’s money on alcohol or drugs and have trouble maintaining employment. This can affect the allocation of marital assets and debts and the amount of spousal maintenance and child support that a spouse is required to pay during divorce. Be sure to speak to your attorney and determine the best way to approach these issues during the divorce process.

Substance Abuse Issues and Children

One key concern that divorcing parents will have is whether their spouse’s substance abuse will affect their children. In Illinois, parents are presumed to be fit, and it is considered to be in children’s best interests to spend parenting time with both parents, unless there is evidence that their physical, mental, or emotional health will be at risk when they are in the care of a parent.

If you believe that your ex-spouse’s substance abuse is putting your children at risk of harm, you should work with your attorney to determine your best options, such as presenting evidence of your spouse’s harmful behavior or asking the court to require that your spouse’s parenting time be supervised.

Contact a Wheaton Divorce Attorney

If you are planning to divorce a spouse who has problems with substance abuse, the attorneys of Anderson & Associates, P.C. can work to protect your rights and advocate for your family’s best interests, doing everything we can to ensure your and your children’s safety and your ability to successfully move on from a difficult situation. Contact our DuPage County divorce lawyers at 630-653-9400 to schedule a free consultation.

Sources:

https://www.beachesrecovery.com/rehab-blog/substance-abuse-and-marriage-trouble/

https://www.addiction.com/3003/will-alcohol-abuse-lead-divorce/

Chicago Bar Association DuPage Association of Woman Lawyers Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association
Address
400 S. County Farm Road, Suite 320
Wheaton, Illinois 60187
630-653-9400
Address
1515 E. Woodfield Road, Suite 640
Schaumburg, IL 60173
847-995-9999
Address
20 N. Clark Street, Suite 2720
Chicago, Illinois 60602
312-345-9999
Address
15255 West 94th Avenue, Suite 201
Orland Park, IL 60462
708-226-9904
Back to Top