The idea that your marriage won’t last likely does not cross your mind when you tie the knot. However, unfortunately, many marriages end in divorce as a result of numerous reasons. When dissolving your marriage, you must cite grounds for the termination of the union. In New York, you can cite irreconcilable differences as grounds for divorce if you want to end your marriage based on a substance abuse problem. If you seek a divorce based on substance abuse problems, contact a determined Rockland County Divorce & Separation Attorney who can help you navigate this complex legal process. Please continue reading to learn how substance abuse problems can impact your divorce.
Can you get a divorce based on substance abuse problems in New York?
If you reside in a “fault” state, you can get a divorce based on a substance abuse problem, as you can cite it as your grounds. However, if you live in a “no-fault” divorce state like New York, you do not have to prove that your spouse did something to cause the divorce. That said, you do not have to cite substance abuse problems as the reasoning for the divorce, as you will cite irreconcilable differences. Irreconcilable differences mean you can’t get along anymore for whatever reason, which is why you want to dissolve the marriage.
Can it affect child custody?
Substance abuse problems can significantly impact the court’s child custody determination. In most cases, moderate drinking will not accident a custody decision. However, cases involving severe alcoholism or drug addiction will weigh heavily on the court’s custody decision. When the court decides on a child custody order, they consider several factors. Although despite the various elements they consider, their primary concern is the child’s best interests. Unfortunately, substance abuse problems impact an individual’s critical parenting abilities. In most cases, those with serious substance abuse problems are unlikely to be awarded child custody.
Nevertheless, a parent with substance abuse issues can still be granted visitation rights. The court recognizes that it is in a child’s best interest to benefit from having a relationship with both of their parents if possible. Therefore, to protect the child’s best interests, the court will take measures to safeguard the child, such as ruling against overnight visitations and having a professional supervise all visitations.
Furthermore, substance abuse problems can also impact a divorce as it can affect property division. In some cases, the court may award a larger share of marital assets to a sober spouse if the spouse with substance abuse issues negatively impacts their finances. Ultimately, substance abuse problems can impact divorce in numerous ways.
Unfortunately, substance abuse can have detrimental effects that can lead to divorce. If you want to dissolve your marriage, contact a divorce & separation attorney from The Law Office of Peter L. Jameson, PLLC, for strong legal representation. Allow our firm to represent your interests today.