divorce can be an emotionally overwhelming situation, especially if your spouse
has an addiction. Whether the addiction is the main reason for the divorce
or a habit that recently developed due to the current situation, separating
from a spouse that is dealing with alcohol addiction can be both excruciating
Obtaining cooperation from an addict can be difficult when going through
the divorce process. However, there are certain steps spouses can take
to finalize their divorce and move on with their lives.
Florida is a no-fault state, meaning you don’t need a specific reason
to divorce. So, your spouse’s alcoholism will not be considered
when filing for divorce.
Yet, a person’s addiction can have an impact on the divorce process.
If you can prove to the court that your spouse has an addiction to alcohol,
it will be reluctant to award the alcoholic specific privileges. Discuss
your situation with a skilled lawyer to determine your available legal options.
The court prefers that children involved in a divorce maintain a continuous
relationship with both parents, even if one of them has an alcohol addiction.
But a parent’s alcoholism can work against them. Not only can the
sober parent obtain primary—or even sole—custody, but alcoholism
also affects the ability to take care and provide support for the child.
The following are common alternative solutions for allowing a child to
see both parents:
- The addicted parent must be sober to obtain visitation rights
- The addicted parent is only allowed supervised visitation
- The addicted parent is subject to regular or random drug tests
- The addicted parent is prohibited from overnight visits
- The addicted parent is required to enter rehab or a help group
If the addicted parent cannot adhere to these conditions, then the other
parent will most likely obtain sole custody of the child.
Alcoholics often squander their funds on booze, including marital funds.
If your spouse has spent a significant portion of marital funds to support
his/her addiction, the court could penalize him/her when the assets are divided.
Again, if the alcoholic spouse squanders the marital funds to support their
addiction, the court may award the sober spouse more alimony.
For more information about divorce in Daytona Beach,
Law Offices of Robert Stepniak and request a free consultation today.