Substance abuse may be relevant to some aspects of your divorce agreement or court decree. Therefore, you should share your spouse’s substance abuse problem with your divorce lawyer as soon as possible.
Substance Abuse as Grounds for Divorce
Substance abuse is not listed as a statutory reason for an at-fault divorce in Virginia. However, if substance abuse leads to a felony conviction, puts you at risk for physical harm, or causes your spouse to desert you, it could be a reason for a fault-based divorce. Otherwise, substance abuse may be the reason that you seek a no-fault divorce.
Since you can seek a no-fault divorce in Virginia, grounds for divorce may not be your primary concern. Instead, you may be worried about the details of your divorce.
How Substance Abuse Impacts a Divorce
In most cases, your spouse’s alcohol or drug addiction will not affect alimony, division of marital property, or division of marital debt. However, if your spouse spent a significant portion of your family money on drugs or alcohol or incurred debt because of his addiction, it could impact alimony and the division of marital assets and debts.
Substance abuse is more likely to impact child custody and visitation. The courts decide child custody issues based on the best interests of the child and not what is equitable for the divorcing spouses. Therefore, if you can prove that it is not in your child’s best interests to spend time with a parent who abuses drugs or alcohol, you may be able to prevent your child from spending unsupervised time with the parent who is not always sober.
If you’re worried about your children’s safety due to your spouse’s substance abuse, our experienced family law attorneys will help you obtain a fair and legal divorce settlement that protects your kids. To learn more, please fill out our online contact form, or call us today.