Divorcing an Addict can be a Challenge

Drug addiction wreaks havoc in the lives of users and the people who love them. If you are the spouse of an addict, odds are you have endured numerous lies and acts of deception over the previous months or years in your marriage. Your partner’s addiction has likely created financial insecurity in your family and may have exposed you to public humiliation in dealing with his or her behavior. If your spouse refuses to seek treatment or fails to stick with a program for recovery, filing for a divorce may be your only option. Our experienced Manchester, TN divorce attorneys provide the legal guidance and support you need throughout this process, but it is important to be aware of the unique challenges you are likely to face.

Issues When Filing for Divorce From an Addict

Drug abuse is a major problem both locally and across the country. According to the Tennessee Department of Health, more than 18 million prescriptions for addictive drugs such as oxycodone, hydrocodone, and alprazolam are issued throughout the state each year. As many as one out of 10 users are likely to become addicted. This is in addition to the estimated 10% of the state population that becomes addicted to illegal substances such as heroin, cocaine, or marijuana each year.

If you are married to an addict, you have likely worn yourself out trying to get your spouse help and extricating him or her from the problems the drug use creates. Divorce may be the only way to protect yourself and other family members. However, be aware that your spouse’s addiction is likely to make the divorce process more difficult. In addition to the emotional drama of the situation, common issues that arise when divorcing a drug addict include:

• Difficulty locating them to serve the divorce petition;
• Problems in getting them to provide the required information;
• Dealing with their refusal to sign divorce related documents or appear at hearings;
• Dealing with their denial that an addiction exists.

How Addiction can Impact Other Divorce Related Matters

Under state divorce laws ( Tenn. Code Ann. § 36-4-101), a spouse’s addiction is grounds for divorce in Tennessee. It can also impact other divorce related matters, such as:

• Division of marital property and assets: If your spouse squandered money or property in support of his or her addiction, you may be entitled to a larger portion in your divorce settlement.
• Child custody proceedings: If your spouse’s addiction puts your children in jeopardy, it could jeopardize your spouse’s parental rights in terms of custody and visitation.

Evidence such as drug testing, arrest records, testimony from others involved, and time spent at rehabilitation facilities can all help to prove that a drug problem exists.

Reach Out to Our Manchester Divorce Attorneys

If your spouse is an addict, Burch & Stewart provides the trusted legal guidance you need to protect yourself. To discuss the options in your situation, reach out and contact our Manchester divorce attorneys and request a consultation today.