The reasons for a divorce can vary, but in some cases, addiction plays a role in the deterioration of a marriage. If one partner is addicted to drugs, alcohol, gambling, or pornography, it can tear a family apart. Regardless of the vice, it can change someone’s personality and his or her ability to take care of children or hold down a job. The family of an addict may also be negatively affected, which is one of the reasons why so many addicts get divorced. When divorcing an addict, it is important to understand your rights, especially if children are involved.
Child-Related Issues
In divorces that include children, the court will base its decisions regarding child issues on what is in the best interests of the child. If one parent drinks socially, that conduct will not likely affect the allocation of parental responsibility (f/k/a custody). However, when drugs or alcohol are being abused by a parent, that can inhibit his or her ability to care for the child appropriately. Therefore, the parent who does not have an addiction problem has a better chance of receiving the majority of the parental responsibility and parenting time to ensure that the child will be in a safe environment.
Typically, both parents will have parenting time with a child, but that will not be possible if a judge determines that time with one parent is not appropriate for the child’s well-being and best interests. The court may order the addicted parent to have only supervised parenting time (f/n/a/visitation) and no overnight visits with the child. In addition, that parent may have to undergo random drug and alcohol testing and attend some sort of recovery program. In these cases, the parent would not be allowed to use drugs or alcohol when the children are in his or her care.
Marital Property
Marital property includes any assets the couple acquired together after the marriage took place. In an Illinois divorce, these assets are subject to distribution in just proportions which means the assets and debts are divided fairly, but not necessarily equally or in half. Property and debt, however, are divided “without regard to marital misconduct”. This practical approach prevents every case from turning into a mudslinging.
Contact an Experienced Wakenight Divorce Lawyer
Divorce is difficult under any circumstances, but when one spouse has an addiction problem, it can further complicate matters. Substance abuse is a sensitive topic that can affect a wide variety of issues during divorce. Wakenight & Associates, P.C. has more than 50 years of combined experience in family law, and we understand the intricacies involved in divorce proceedings, especially ones that include addiction issues. Our compassionate attorneys will address all of your concerns and ensure your rights are protected.
COVID-19 has forced us to work remotely. We are available for video conferencing, however. Our corporate phones are now in our homes and we have several numbers where you can reach us: 708.848.3159 or 815.727.6144 or 630.852.9700. Our experienced attorneys can help you. We welcome your questions and calls.
