Addiction & Divorce - What's the Link? Handling Divorce When It Includes Addiction

People divorce for many reasons, but it's not uncommon for factors such as addiction to play into the process. If your divorce involves addiction, knowing what you may be able to expect from your spouse - or how you should proceed if you want to save your marriage - is invaluable. Today, we're exploring some of the intricacies involved with addiction and divorce.

To schedule a free consultation with our team, contact us online or via phone at (303) 647-4245.

Gather Evidence

If you're divorcing an addict, their addiction or substance use may need to play a role in the divorce. For example, if you have children, you may want to obtain sole custody to ensure you're the one watching over your children's safety and well-being. Similarly, if your spouse's addiction has resulted in property damages, being able to prove that in court and obtain the necessary compensation can help you get a more equitable divorce.

If you have evidence of your spouse's addiction, you should begin gathering it. Importantly, do not violate the law while doing so. For example, you shouldn't attempt to steal the password to your spouse's devices to collect evidence. Your lawyer can go over appropriate methods of evidence-gathering with you, but some examples of evidence include:

  • Electronic or paper records of transactions used to purchase drugs;
  • Photographs of drugs or paraphernalia found around your house or that depict drug use;
  • Text messages or emails from your spouse to you where they admit to their addiction;
  • Records from rehabilitative facilities, if your spouse has attended one but the treatment was unfortunately unsuccessful.

Once you gather this evidence, speak with your lawyer and find a safe way to store it. This could involve taking measures such as opening a separate bank account and storing the evidence in a safe there.

Work with Your Attorney to Develop a Strategy

Evidence plays a key role in your divorce, but so do witnesses. Your attorney may be responsible for examining witnesses if your divorce goes to trial, so working with them to compile a list of friendly witnesses who will support your case could help you get the best outcome.

In addition to witnesses who will support your case, however, you also want to be aware of any witnesses who may try and contradict you or support your spouse. Warning your attorney of these witnesses ahead of time and preparing to confront them during the trial can help you develop the best legal strategy.

Plan an Exit Strategy

Depending on your situation, your home may no longer be safe after you file for a divorce, or you may simply want to reside at another location while the divorce is ongoing. If you believe you may have to take such measures to keep yourself safe or protect your assets and mental health during your divorce, start planning an exit strategy before filing for divorce.

Crucially, plan an exit strategy even if you don't think it's necessary. Your spouse may respond in an unpredictable way to your filing for divorce, and your safety needs to be a priority. Having to take measures such as filing for a restraining order or moving out before filing is always unfortunate, but if doing so will make the divorce process easier for you and help you stay safe throughout, taking such measures is vital.

At the Law Office of Alexandra White, P.C., our attorneys are here to help you find the best path forward in your divorce. To schedule a free consultation with our team, contact us online or via phone at (303) 647-4245.