How Can Addiction Affect a Divorce?

Substance use and addiction can take a toll on a person’s life, including their lifestyle and relationships. It’s often very difficult for those battling addictions to live normal lives. For this reason, many marriages come to an end.

Divorcing a spouse dealing with addiction can be particularly tough, but it could be the best choice for you. Here is what you need to know about how addiction can affect a divorce in Michigan.

Addiction Can Be a Primary Cause of Divorce

Countless individuals live with addiction every single day. Unfortunately, many people fail to get the treatment they need, leaving them and those they love to suffer.

Addiction is a disease. It is no one’s fault, and no one is directly to blame for a person’s substance use issue. However, when a spouse fails to get the treatment they desperately need, it can leave their partner facing difficult choices. Often, addiction is a primary cause of a divorce.

How Addiction Affects a Divorce in Michigan

Substance use can impact the divorce process, as it could affect certain case matters, making it a bit more complex to navigate.

Michigan allows for no-fault divorce. Therefore, you do not need to state a legal ground for divorce as you would with a fault divorce. So, addiction would not necessarily alter the divorce filing process. It could, however, affect other aspects of your divorce.

Asset Division

Michigan is an equitable distribution state, which means that assets are distributed in an equitable, or “fair,” manner. Sometimes, this may equate to a 50/50 split, but not always. Instead, fair asset distribution depends on several factors.

One spouse’s addiction could play a role in asset division, especially if their substance use issues have caused them to act wrongfully and be wasteful with marital assets. A judge can make asset division determinations based on the specifics of your case.

Child Custody

Judges aim to do what is in the children’s best interests, and sometimes, keeping a parent struggling with addiction apart from their kids is what’s best.

Addiction can have a substantial impact on the parent-child relationship. A judge must consider multiple factors, including the children’s relationship with their parents and any past issues, including child neglect and abuse. Based on the circumstances, a judge can decide whether a parent would be entitled to any sort of custody of their kids.

Psychological Well-Being

Divorce is an emotional event as it is, but divorcing a spouse with addiction issues can be even more mentally and emotionally draining. Not only will you face the heavy emotional toll, but your children may experience it as well.

Seek Legal Support From an Experienced Divorce Attorney

If you think divorce could be right for your situation, consult with a divorce attorney at Gucciardo Family Law. Our team is experienced with many types of divorce cases, including those involving substance use.

Contact us to speak to a skilled Michigan divorce attorney today.