Facing A Divorce While Dealing With Substance Addiction
Undergoing a divorce while abusing a substance. Divorce is difficult enough without having an addiction. Addiction already causes you enough agony. Then you receive divorce papers; this has a twofold effect. It’s possible that the addiction is chronic. You might have struggled with addiction during your courtship and before getting married. Some people battle addiction in various forms throughout their entire lives. They succeed occasionally. They don’t always. There is recovery for some. Some people choose not to. Truth be told the addiction may have led to the divorce papers being served. These are real challenges facing divorce while dealing with substance addiction.
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You must get support. You are going through a divorce and are struggling with addiction. Consult the therapeutic community for help. Your addiction won’t be viewed by the court as a non-chronic illness. The court will consider your parenting of your children in light of your addiction. You must prove to the court that you are making efforts to overcome your addiction. You are receiving the help you need. Parenting time may not be awarded to you now, but it can be granted. Once your addiction is overcome, you’ll have the chance to make changes.
What is substance abuse disorder?
Uncontrolled substance usage despite negative effects is a complex condition known as substance use disorder (SUD). People with SUD have a strong concentration on using a particular substance or substances, such as alcohol, cigarettes, or illegal narcotics, to the point where it interferes with their capacity to function in daily life. Even when they are aware that the substance is causing or will cause issues, people continue to use it. The most serious SUDs are occasionally referred to as addictions.
A substance use problem can lead to impaired thinking and actions in a person. People who experience strong cravings, personality changes, odd movement patterns, and other behaviors do so as a result of changes in the structure and function of their brains. The areas of the brain associated with judgment, decision-making, learning, memory, and behavioral control show changes in brain imaging investigations.
A substance use problem can lead to impaired thinking and actions in a person. Changes in the structure and functions of the brain can exhibit behaviors like:
[ a ] Strong cravings.
[ b ] Personality changes.
[ c ] Odd movement patterns.
Other behaviors do so as a result of changes in the structure and function of their brains. The areas of the brain showing changes in brain imaging investigation in a SUD case are associated with
[ a ] Judgment
[ b ] Decision-making
[ c ] Learning
[ d ] Memory
[ e ] Behavioral control
When a person has a substance use disorder, they frequently develop a tolerance to the substance, requiring higher doses to produce the desired effects.
How will substance abuse affect the divorce?
Having an alcohol use disorder might affect your spouse. It is more difficult to get a divorce. There is a chance that settlement talks may be much more challenging. Abuse of drugs or alcohol over an extended period of time may be damaging to the brain. One’s capacity for judgment, self-control, and rational thought are all compromised. Emotional repercussions follow. Some types of depression can strike between 30 and 40 percent of drinkers. Settlement of the divorce takes longer. Decisions may be affected by a spouse’s use of drugs or alcohol. Disputes over property partition and spousal support may be addressed in the judgments included therein. Parenting time and custody arrangements may be impacted.
Divorce will not be affected by substance abuse.
Michigan subscribes to the principle of no-fault divorce. Blame is not an essential element in granting a divorce. This means substance abuse may have no bearing on the divorce. The judge only needs to know that the marriage is irreparably damaged.
Property division may be impacted by addiction.
According to Michigan law, “an equitable distribution of property” is required. Given all the circumstances, it must be offered. It is customary to split marital property equally, or 50/50. One spouse may receive a higher share of the assets from the family court. As long as the court considers a particular set of factors, it may do so. The court does not give any one factor an excessive amount of weight. The information supporting the court’s ruling must be reflected in the documents. Numerous Michigan Supreme Court decisions back this up. The activities and interactions of the parties in the past are among these factors. It also addresses one party’s “fault” in the divorce. One partner misuses alcohol or drugs.
Substance abuse can impact a custody case.
Courts decide custody cases based on a dozen factors prescribed in a set of guidelines. Substance abuse can be a risk to children hence it can be a factor in custody determination. Co-parents may have different perspectives about substance use. The court only focuses on the best interests of the children. When substance abuse causes a parent to neglect the children, this can be a factor in losing custody.
How will you face a divorce case while dealing with addiction?
Divorce can make your life complicated. Add substance addiction to the equation. Things can become daunting, to say the least. Recognize you need help. Find the resources you need to get through this.
Seek professional help for substance addiction.
Address your substance addiction before delving into the divorce process. Focus on your well-being first. Seek professional help from addiction treatment centers, therapists, and community support groups. You need to focus on your recovery. Improving your personal life increases your chance of a favorable outcome.
Find an experienced family law attorney.
Divorce is complex. Your addiction in the mix spells chaos. You need someone with experience to get you through the chaos. An attorney will have a deep understanding of the legal complexities of divorce. Good advice can help untangle you from your addiction. Protect your rights. Achieve the best possible outcome with your attorney.
Deal with child custody and visitation.
In any divorce case, child custody and visitation are major issues. The risks are greater when drug addiction is present. Children’s safety is given top priority by Michigan courts. Make an effort to give children a secure and stable environment. Show you’re committed to getting better. Prove that you are capable of giving your children a safe environment. Show success by collaborating with your lawyer. Put into action a parenting strategy. Protect the interests of your children.
Deal with financial and property division issues.
Substance abuse can affect property division. It may have an impact on monetary issues in a divorce. The addicted spouse may have spent a lot of money to maintain their addiction. The family may experience financial loss as a result. Michigan has rules governing equitable distribution. This indicates that property accumulated during the marriage is subject to equitable distribution. It might not always be equal. The financial hardship brought on by addiction is a concern. Courts will take this into consideration. It will be used to divide up the property. Have your contributions to the marriage recognized. Work with your attorney to achieve this.
Get treatment and support.
The court imposes treatment requirements. These are substance abuse evaluations, counseling, and therapy. It can mean rehabilitation programs. Act on these obligations. Protect your parental rights. Show your commitment to recovery. Seek therapy. Join support groups. Avail of resources for substance abuse disorder. It’s good for your successful long-term recovery. Get through the post-divorce transition.
Divorce is already difficult. Substance addiction makes it more complicated. Focus on your recovery by seeking professional legal help. Address child custody and visitation concerns. Understand the financial implications. Work towards a positive outcome. Seeking guidance from an attorney ensures your rights are protected. You have the resources you need to face your divorce case effectively. You can overcome these hurdles. Embark on a healthier, happier future.
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