With the increasing social acceptance of divorce, more and more couples are choosing to end their marriages. Unfortunately, there are various reasons why couples opt to divorce, including infidelity, financial difficulties, incompatibility, and substance abuse. Sadly, many individuals today struggle with substance abuse problems such as drug addiction or alcoholism, which can negatively affect all aspects of their lives and lead to divorce. Regardless of how much you love and care about your spouse, substance abuse can make staying together impossible. If you want to dissolve your marriage, contact our trusted Bristol County Grounds for Divorce Lawyers, who can help you understand whether you can get a divorce based on your spouse’s substance abuse problem. Please continue reading to learn how your spouse’s substance abuse problem can impact your divorce.
Is it possible to get a divorce based on my spouse’s substance abuse problem in Massachusetts?
In Massachusetts, couples can file for a “no-fault” or an “at-fault” divorce. With a no-fault divorce, neither party blames the other for the union’s demise. The petitioner does not have to prove that the marriage’s failure was the other spouse’s fault. Instead, they must show the court that the marriage is irretrievably broken. With an at-fault divorce, the couple must cite grounds for the divorce and prove to the court that their spouse is at fault for the marriage breakdown. In Massachusetts, you can cite drug or alcohol addiction as grounds for divorce. However, to cite substance abuse as the basis for divorce, you must demonstrate that your spouse’s addiction is chronic and began after marriage.
How will it impact my divorce?
Substance abuse problems can significantly affect the outcome of a divorce, as drug addiction and alcoholism can impact the court’s decision on matters such as child custody and property division. When the court decides on a child custody order, its primary concern is safeguarding the child’s best interests. The court acknowledges that having a relationship with both parents is in a child’s best interest. However, they also recognize that, in some instances, that is not appropriate.
The court considers several factors when determining child custody. One of those factors is whether either party has a substance abuse problem, as it can impact their parenting ability. The court will not award a parent custody if they believe their substance abuse issues will negatively impact a child. However, that does not mean the court will not allow visitation. In most cases, the court will award visitation but implement measures such as no overnight stays or having a professional supervise all visitation periods to ensure the child remains safe. Ultimately, substance abuse problems will impact the court’s child custody decision.
Furthermore, substance abuse problems can also impact property distribution. Massachusetts is an equitable distribution state. Therefore, the court may award a larger share of the couple’s marital assets to the sober spouse if their partner drained them financially due to their addiction.
If you seek a divorce based on your spouse’s substance abuse problems, contact a seasoned divorce lawyer from The Law Offices of Cynthia L. Hanley, P.C., who can help protect your interests. Allow our firm to help you navigate this complex legal process.
