During divorce proceedings, various factors can impact the way a court makes its decisions. Issues in the marriage will be examined to determine the most fair way to split assets, child custody, and more. If your marriage is ending in divorce because of one spouse’s substance abuse, contact a skilled Farmington Hills divorce lawyer for experienced representation and legal advice.
Is Michigan a Fault State for Divorce?
Michigan is a no-fault divorce state. This means that when filing for divorce you do not have to prove any reason other than it is no longer working and you want to get divorced. Your spouse does not have to agree and you do not have to show a court that either of you committed adultery, abandonment, cruelty, etc.
While MI is a no-fault state, when dealing with divorce proceedings each spouse’s actions may still affect how a court makes various decisions. Substance abuse can greatly impact the outcome of a divorce.
Why Does Substance Abuse Lead to Divorce?
A couple may decide to get divorced for numerous reasons. They may just not get along anymore, one spouse may have cheated, or there may be cruelty on the part of one or both spouses. Cruelty can refer to both physical and emotional pain. One spouse’s substance abuse may result in cruelty to the other spouse, whether intentionally or unintentionally. Addiction to drugs or alcohol can cause a couple or family to endure:
- Financial issues
- Emotional/verbal abuse
- Physical/violent abuse
- Emotional distress
- Needs being unmet
Any or a combination of the above can put a serious strain on a relationship, not to mention create a hostile and dangerous environment for the other spouse and children. It is for those reasons that substance abuse oftentimes leads to divorce.
How Does Substance Abuse Impact Divorce Decisions?
There are generally three major decisions to make during divorce proceedings: child custody, division of property, and alimony. If one spouse has a history of substance abuse, it can affect all three.
An addict will likely have less of a chance of being awarded custody of their child(ren). It can be detrimental for a child to be raised in an environment where dangerous substances may be left out in the open, or violent tendencies may be common.
Michigan is an equitable distribution state. This means that assets may not be split down the middle and 50% awarded to each spouse, property will be fairly distributed. If one spouse’s substance abuse has had a direct effect on the finances or property of the couple, a court may award the other spouse more during the division of property.
Alimony may be affected by substance abuse in a similar way to the division of property. Drugs and alcohol are expensive. Depending on the extent of the using spouse’s addiction and how long they have been using, their addiction may have had lasting effects on the other spouse. The addict may have blown through their joint savings on their drug of choice or caused issues with either spouse’s employment or ability to financially support themselves. If any of that is true, the other spouse may be awarded higher amounts of alimony to make up for it.