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Family Law Blog

Divorcing an Addict can be Challenging

Our New Jersey divorce attorneys provide the support and guidance you need when initiating a divorce against an addicted spouse.

When a person suffers a drug addiction, it can have a major impact on that person’s spouse, children, and other family members. You may have tried numerous ways to get your spouse help for addiction, but there comes a point when you need to think about yourself. This generally involves separating from the addict and initiating divorce proceedings. As experienced Monmouth County divorce attorneys, we understand how challenging this situation can be. The following outlines some common issues that arise in these cases and how you can successfully deal with them.

Why Addiction Matters in Divorce Proceedings

When couples divorce, the person filing the divorce petition may do so on the basis of irreconcilable differences. This means that there are issues within the marriage that cannot be worked through, with neither party specifically to blame. You can also file on the basis of fault grounds, which places the blame for the collapse of the marriage on the other party involved.

Under the New Jersey Statutes, drug addiction is one of the eight fault grounds under which a divorce may be granted. The advantage of naming specific grounds in your divorce complaint include:

It is natural to feel uncertain or hesitant about disclosing your partner’s addiction. However, doing so can have a major impact on you and your children’s safety, financial security, and ability to recover after.

Challenges in Substantiating Your Claims

Drug addiction is a major problem throughout the nation. People easily get addicted to illegal drugs as well as prescribed painkillers or other medications. Unfortunately, one of the major characteristics of a drug addict is the tendency to lie and cover up the addictive behavior.

The Substance Abuse and Mental Health Services Administration (SAMSA) offers resources to help family members of addicts understand and deal with their loved ones. In addition to getting the support you need, it is also important to take steps to document the addict’s behavior:

Contact Our Monmouth County, NJ Divorce Attorneys

At Lomurro Law, we can help you deal successfully with the challenges of divorcing a spouse who is an addict. For legal guidance in your case, contact our Monmouth County divorce attorneys to request a confidential consultation today.