When you love someone, you often do anything to make them happy. However, when the person you love begins to struggle with substance abuse issues, keeping them happy can grow increasingly demanding, while putting you and your family at risk. As such, if you are going through a divorce and your spouse struggles with addiction, understanding how you can prove these matters during your case is critical. If this reflects your circumstances, you’ll want to keep reading to learn more about how a Los Angeles divorce attorney can assist you through these difficult times.
Are There Challenges with Divorcing Someone with Substance Abuse Issues?
When you are going through a divorce with someone with substance abuse issues, it’s necessary to understand that in California, this generally will not impact the outcome of your divorce. This is because California is a no-fault divorce state, meaning you cannot file on grounds of fault.
However, if your spouse is struggling with addiction and it is impacting your finances because they are using marital property to fund their addiction, you may be able to receive a greater share of assets during the marital property division phase.
Additionally, if you can prove that your spouse’s addiction has impacted their ability to receive employment, you may not have to pay higher alimony. This is because the courts will consider your spouse’s earning capacity when determining your spousal support obligation. As such, if they determine that your spouse could be making significantly more, your payments will reflect that.
What Can I Do to Prove Substance Abuse?
Proving that someone struggles with addiction can be challenging. However, there is evidence you can gather to help prove these matters. These include, but are not limited to:
- Medical records
- Photo, video, and text message evidence
- Arrest records
- Any participation in a drug or alcohol program
- Witness testimony
You may also be able to rely on your spouse’s current or former employer to discuss your spouse’s gradual decline and provide a record of any disciplinary actions they had to issue for your spouse’s performance, as well as the results of any drug testing conducted.
How Can a Divorce Attorney Help Me?
When you learn that your spouse’s drug or alcohol abuse issues are impacting your marriage to the point where a divorce is in your best interest, it can be devastating. As such, connecting with an experienced lawyer can help you handle these complex matters. Trying to do this on your own can often result in an unfavorable outcome, as you may find that trying to navigate the legal complexities of divorce while handling your own emotions and feelings about the divorce can be overwhelming.
If you are going through a divorce, let the team at the Zitser Family Law Group, APC, help. We understand how difficult these times can be, which is why we are committed to handling your case with the utmost compassion. Connect with us today to learn how we can guide you through these challenging times so you can focus on healing.
