Gibbons Law Firm: Divorcing An Alcoholic

All marriages, even the happiest and most successful ones, undergo challenges at certain times. Sometimes, however, the challenges become so great that couples develop what the Court deems "irreconcilable differences" and decide that filing for divorce at the Lake of the Ozarks is their best (or perhaps their only) viable option. If one of the spouses has alcoholic tendencies, divorce may be even more necessary. Unfortunately, it may also be more difficult.

Alcoholism In A Marriage

Alcoholics are notoriously difficult people to share homes with. People with true alcohol dependencies may become argumentative, irresponsible, poor communicators, and (in some cases) violent or abusive. They are often particularly bad influences on children, and consequently may be especially problematic in a marriage where children are present. Someone married to an alcoholic often feels buried under a great deal of stress, frustration, despair, and general unhappiness.

Alcoholism is a disease, and as such there are certain treatment methods that can sometimes be used to cure someone of their alcoholism. Treatment can be long and challenging, however. People battling alcoholism typically requires a strong support system consisting of their spouses, friends, and family in order to overcome their problem. Of course, they must also be willing to go through the treatment.

Alcoholism In A Divorce

If your spouse's alcoholism becomes too great of a problem for you to continue to face, divorce may become your only viable alternative. If you are facing the possibility of divorce, Gibbons Law Firm is here to help you prepare by offering these general considerations.

You May Have To Prove There Is A Substance Abuse Problem
Some alcoholics are high-functioning and may still be able to hold down a stable job in spite of their addiction. If your spouse will not admit to having an alcohol dependency, you may have to work with your Lake of the Ozarks divorce attorney to prove to the Court that there is, in fact, and alcohol dependency present.

Substance Abuse May Affect Custody
If you are able to prove that your spouse suffers from a substance abuse problem, you may be able to limit his/her custody rights on the grounds that living with said parent would be unsafe for the children. The Court typically considers substance abuse to be a heavily influencing factor when determining child custody.

Substance Abuse May Affect Visitation
If the alcohol dependency is severe enough, the Court may determine that in addition to not being awarded partial custody, the alcoholic parent may not be awarded any visitation rights either. As the sober parent, determining whether or not to fight for this ruling can be an emotional process. The desire to let your children spend time with both parents may be strong, but it is important to be realistic. If your alcoholic spouse presents a danger to the children, it is crucial that you fight to protect them.

Substance Abuse May Affect Division Of Assets
It is the Court's responsibility to divide marital assets and liabilities in a fair and equitable manner. Typically, substance abuse does not play a role in determining whom shall receive what in a divorce. However, there are exceptions, such as instances wherein the alcoholic spouse spent a significant portion of the marital savings on alcohol or other addictive substances. In these cases, the sober spouse may be entitled to a larger percentage of the assets during the divorce.

Contact Gibbons Law Firm For Representation

Due to their often difficult and argumentative nature, alcoholic spouses can be difficult to work with during a divorce. If you are facing the possibility of divorcing an alcoholic spouse, we encourage you to schedule a consultation with our divorce attorney in Camden County MO. Our experienced team can help you determine the best course of action for your specific situation. Remember, your initial consultation with Gibbons Law Firm is always free.