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Divorcing Someone With Substance Abuse

Posted by Mattis Law, A.P.C. on July 1, 2022 in Divorce

Living with a partner with substance abuse problems can be extremely difficult. There are many things about an addiction that are difficult to understand, and this is heightened if you love someone who suffers from substance abuse. Although it may be difficult, there is a way to have lasting relationships with individuals with substance abuse. However, it is also important to make the best choice for you that suits your life. Sometimes, that may be divorce.

If you or someone you know has made the decision to divorce someone with substance abuse, Mattis Law, A.P.C., can help you. Give us a call today.

How To Decide When Divorce Is the Best Option

Being in a relationship with a partner that struggles with substance abuse can lead to an unhealthy relationship with emotional abuse and stress. Our relationships are supposed to be a safe space, and our homes are supposed to be happy.

Substance abuse can eventually destroy a partnership. It can undermine trust, which is an important pillar in a relationship and can weaken the bond between partners. This can be worse if children are involved, as substance abuse may take priority over parental responsibilities and cause neglect or even abuse.

How Will My Partner’s Substance Abuse Affect Divorce Proceedings?

When filing for a divorce of a partner who struggles with substance abuse there are a few crucial steps to take. First, journal your partner’s use before and during the divorce. Also, document the drug abuse by gathering documentation and photographs. This may include electronic or paper transactions of drug purchases or photographs of drugs and paraphernalia.

If you have any text messages and emails between you and your spouse that shows evidence of your spouse’s drug abuse, make sure you secure that communication and do not delete it. Note that you must act in compliance with the law in gathering documentation and must not engage in any potential criminal conduct.

During the proceeding, your attorney will ask you to gather a list of friendly and potentially hostile witnesses. Friendly witnesses will have facts that support your position that your spouse has a serious drug addiction and will provide information to your attorney. Hostile witnesses are those who have personal knowledge of your spouse’s addiction but are likely to not want to testify. Your San Diego divorce attorney can subpoena such witnesses.

How Will My Partner’s Substance Abuse Affect Child Custody?

When dealing with high conflict child custody disputes, the main interest of the court is in the welfare and best interests of the child. A family court judge will take a lot of factors into consideration before deciding on custody. Ultimately, if your partner’s substance abuse affects the health and wellbeing of your child, then it is unlikely that the court will grant your partner child custody.

However, in some situations supervised visitation may be granted. Supervised visitation is often ordered where one parent has a history of abuse, neglect, or drug use. This is where the visit with your partner is supervised by a professional or other adult to ensure that no harm occurs.

Mattis Law, A.P.C., Can Help You

We understand the stress and emotions you will be struggling with. We can help you straighten out all of the legal matters in your divorce and ensure that your legal case proceeds smoothly. During a difficult divorce, it is essential that you hire an attorney capable of protecting your future, and the future of your children.

Give us a call today at (858) 328-4400.

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