Dealing with a spouse’s substance abuse can be an overwhelming and stressful experience in Massachusetts, as it can often have substantial consequences. Substance abuse can result in financial hardship, other forms of abuse and violence, emotional distress, legal issues, and an increased risk for children. As such, you may make the difficult decision to dissolve your marriage. However, if you are citing substance abuse as the grounds for your divorce, you’ll need to prove it by gathering credible evidence to show the addiction and how it has impacted your marriage and their fitness as a parent. In Massachusetts, proving substance abuse in a divorce case is most important in fault-based divorce filings, and can directly impact matters like child custody, alimony, and property division. Please continue reading to learn how you can prove substance abuse in court for a divorce case in Massachusetts and how our knowledgeable Bristol County Grounds for Divorce Lawyers can help you navigate this complex legal process.

Can I Cite My Spouse’s Substance Abuse Problem as Grounds for Divorce?

In Massachusetts, those seeking to dissolve their marriage must cite grounds or the reasoning behind the divorce. The petitioner can pursue a fault or no-fault divorce. In a fault-based divorce, the petitioner holds the other spouse responsible for running the marriage, while in a no-fault divorce, no blame is placed on either party.

Fault vs. No-Fault

  • No-fault divorces require proving that the marriage is “irretrievably broken” without the need to assign blame
  • Fault-based divorces require proving misconduct that caused the breakdown of the marriage
  • Substance abuse is considered a “gross and confirmed habit of intoxication” as a fault ground
  • You’ll need to show that the addiction is ongoing and a contributing factor to the failure of the marriage

Recognized Fault Grounds in MA

 

What Evidence Can Be Used to Prove Substance Abuse?

To support your Bristol County divorce petition, you should gather as much evidence as possible. Understandably, substance abuse is a progressive disease, meaning the impact on the user can worsen over time. That said, if your spouse has been dealing with a substance abuse disorder, there’s likely evidence of the harm done that can help you establish substance abuse as the grounds for your divorce in court.

Evidence Commonly Considered by the Court

  • Any criminal charges for driving while impaired or possession of illicit drugs
  • Any records of court-ordered or voluntary counseling or treatment programs
  • Any work records that may reflect random drug testing results and discipline for substance abuse or drinking on the job
  • Any medical records that may reflect healthcare providers’ assessments of substance abuse and related injuries
  • Any witness testimony, including your statement and statements from family, friends, and co-workers
  • Any recordings or social media posts that demonstrate visual evidence of your spouse under the influence of excessive alcohol or drugs

Legal Standard in Massachusetts

  • The substance abuse must be habitual or ongoing, not a one-time event
  • It must meet “gross and confirmed habits of intoxication” in accordance with Massachusetts statutory law
  • Evidence should show both the addiction and the impacts it has had
  • Courts will consider patterns of behavior rather than isolated incidents
  • You must show how the addiction has contributed to the breakdown of the marriage

How Does Substance Abuse Impact Divorce Outcomes?

Substance abuse doesn’t only impact your ability to cite fault; it can also significantly impact key decisions in your divorce case, especially matters related to your finances or children. In Massachusetts, these determinations are made by the Probate and Family Court, which handles divorces and other related family law matters.

Addiction Impact on Custody Matters

  • Massachusetts courts must prioritize the best interests of the child when determining custody matters
  • A parent’s substance abuse can be a cause for concern regarding the safety and stability of the child
  • If proven, the judge may limit custody rights when addiction impacts parental abilities
  • The court may order supervised visitation so the child can maintain a relationship with the parent in a safe environment

Addiction Impact on Property Division

  • Massachusetts is an equitable distribution state, meaning assets are not automatically split evenly, and are instead divided based on contributions to the marriage
  • The court may award a larger share of assets to the non-abusing spouse
  • If the substance abuse caused financial harm, like drained accounts or debts, the courts can take that into consideration

Contact a Bristol County Divorce Attorney Today

If your spouse engages in habitual abuse of alcohol or drugs, you will have to prove it to cite fault grounds to dissolve your marriage. If you need help establishing your spouse’s substance abuse in Bristol, Norfolk, or Plymouth Counties, as well as the surrounding Massachusetts communities, please don’t hesitate to enlist the help of the legal team at The Law Offices of Cynthia L. Hanley, P.C., to discuss your legal matter with an effective and compassionate attorney. Contact us today to learn how we can assist you.