Drug Addiction & Divorce #ChooseGoldmanLaw

How does drug addiction interplay with divorce? Marriage and family life are impossible for someone who is addicted to drugs. There are a lot of divorces that are being filed because of drug addiction. Only when it involves children does the court consider drug addiction.

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An accident may have caused someone to develop a drug addiction. In contrast to someone becoming hooked as a result of recreational use. Divorce and asset division will not be affected by substance abuse. Regardless of blame, the court considers drug addicts when it comes to custody. It does this assuming that both parents’ conditions are equal. In the best interests of the child, the court will consider drug use as a negative factor. The parent who does not use drugs is assumed to look after the child better.

What is substance abuse? How prevalent is it?

Substance abuse. The use of alcohol. The use of drugs over a sustained period impairs one’s ability to function. Impairment can mean interference with one’s employment, home, and social relationships. It can mean impairment of health in the preceding 12 months.

Non-medical use. Prescription medications are used for non-medical applications. The use of drugs without a prescription. Use of drugs with the sole purpose of feeling the effects of the drug. It has grown significantly across the country. The ramifications of substance abuse are extensive. It is affecting not just the person but also the family and society as a whole. It is critical to keep an eye on the prevalence of drug and prescription drug abuse in Michigan. There is a significant overlap between substance addiction and mental health.

National Survey on Drug Use and Health or NSDUH. 10.7% of Michigan adults 12 and older subject of a survey in 2010-2011 reported using illegal substances. The abuse was done in the previous month. The exclusion of marijuana reduced the expected use to 3.6%.

Poisoning overtook car accidents as the main cause of injury deaths in the United States in 2008. Over 90% of all poisonings since 2003 have involved drugs. These poisonings involving opioid analgesics (painkillers) seeing the biggest increase. In 2009, poisonings surpassed car accidents. It is the largest cause of injury-related deaths in Michigan.

There is a rising opiate usage among expectant mothers. Babies in the United States were diagnosed with opioid withdrawal symptoms. It nearly tripled in a decade. These neonates are more prone to experience breathing problems. They can have low birth weight. They will have feeding issues, and seizures if they have Neonatal Withdrawal Syndrome. It is also known as Neonatal Abstinence Syndrome or NAS. Recent research by MDHHS details this issue in Michigan. The research emphasizes how the prolonged hospital stays result in higher expenses.

How does drug addiction impact divorce?

The divorce process becomes more difficult when spouses have alcohol use disorder. Settlement talks can, for one thing, be far more challenging. Abuse of alcohol or drugs over a long period can harm the brain. It impairs one’s capacity for logical thought, decision-making, and self-control. There are emotional repercussions as well. It is estimated that 30 to 40 percent of drinkers also experience depression of some kind. If you or your spouse abuses drugs or alcohol, it may take longer to reach a settlement and finish the divorce.

A spouse’s drug or alcohol addiction may affect judgments. It can pack decisions made about the division of assets and spousal support. It can impact child custody, and parenting time from a strictly legal perspective.

Addiction will not affect divorce.

State no-fault divorce laws apply in Michigan. The court will grant a divorce. One spouse just shows up in court. Informs the judge that the marriage is irretrievably broken. Abuse of drugs or alcohol is not a concern in a divorce case. State no-fault divorce laws apply in Michigan. The court will grant a divorce if one spouse just shows up in court. Informs the judge that the marriage is irretrievably broken. Abuse of drugs or alcohol is not a concern in this case. For the use to be blamed for the marriage’s dissolution, it need not be harmful or addictive. It only needs to take place in a way that keeps you apart from your spouse and family. This most frequently happens when one partner prefers alcohol or drug use over the other. Your spouse may have tolerated your behavior in the past. It does not provide a full defense. Not against the claim that your actions caused the breakdown of your marriage.

Addiction can affect property division.

Michigan law provides that there must be “an equitable distribution of property. It has to be provided in light of all the circumstances.” The norm is to divide marital assets equally, or 50/50. The family court may give one spouse a larger share of the assets. It can do so as long as the court takes into account a specific list of factors. The court does not give disproportionate weight to any one factor. Documents must reflect the facts supporting the court’s decision. This is supported by many Michigan Supreme Court rulings. These considerations include the parties’ prior interactions and behavior. It includes the “fault” of one party for the divorce. One spouse abuses drugs or alcohol. The other spouse may receive a larger part of the marital estate or spousal support payments.

Addiction can affect the outcome of a child custody case.

The judge will decide on child custody and parenting time arrangements. The judge will use the best interest factors. The couple might not agree. The other spouse may be granted exclusive custody. This can happen if a substance-abusing spouse has been neglectful toward the children. The court can grant parenting time to a spouse who has a history of substance abuse. The court may order that person to submit to drug and alcohol testing as well as treatment. The court may also order supervised visits.

How do you deal with drug addiction in a divorce?

Substance misuse has costs beyond just money. Relationships have considerably lower levels of happiness than marriages without substance abuse. If a couple’s drug or alcohol addiction is not addressed, it is not difficult for them to end their marriage. Drug abuse has an impact on the addict. It has also an impact on the extended family as well as the family as a whole.

A drug user will initially make an effort to hide their drug usage from friends and family. They’ll often grow reclusive and difficult to reason with. As addiction worsens, the addict will give up their moral character. They will give up their friendships and family. They lose their jobs, their money, and anything else has to buy more drugs or alcohol. If the sober spouse interferes with the drug usage, the marriage becomes tumultuous. Marriage becomes nonexistent or even abusive.

The court can order the addicted spouse to enroll in a program. The better parent or ex-spouse can talk to an attorney. The ex-spouse can move for modification of custody until the addiction is resolved. You can also talk to your attorney for regular drug or alcohol testing. This is to ensure the safety of children during parenting time.

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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.