You can get a divorce while your spouse is in rehab if you can properly serve him with process, and he does not object/defend the action according to law. On the facts presented, it does not appear that he has been properly served with process. You should consult a local attorney.
Full Answer
Can I file for divorce because of my spouse’s substance abuse?
Yes, it may take some time to trust your spouse again when they get home from the treatment program. However, if you feel after some time, there will never be trust in the relationship again, divorce may be a decision you lean more toward. Is your spouse relapsing? If you are thinking about divorcing your spouse after they are out of rehab, one of the reasons might be because …
Is health insurance needed for a rehab spouse?
Mar 01, 2013 · Mr. Marion Eugene Ellington, Jr. (Unclaimed Profile) Update Your Profile. Answered on Mar 04th, 2013 at 6:51 PM. You can file for divorce, but if your husband is still in rehab, when you case comes up, then you may end up with no child support. It would be wiser to wait until he is out and has a job.
Can a married couple get a divorce for any reason?
Dec 20, 2012 · I think if you divorce him while he is still in there then as soon as you say divorce to him or show him the papers, he will go into a meltdown. He will probably quit the rehab which would be worse then you be miserable because not only would you two be …
What happens to my health insurance if I divorce my spouse?
Mar 16, 2014 · (662) 584-4408 Message Posted on Mar 16, 2014 You can get a divorce while your spouse is in rehab if you can properly serve him with process, and he does not object/defend the action according to law. On the facts presented, it does not appear that he has been properly served with process. You should consult a local attorney.
How does substance abuse affect divorce?
Researchers have found important links between substance abuse and divorce. One study, published in the Journal of Studies on Alcohol and Drugs, found that an increase in consumption of one liter per capita increases the divorce rate by about 20 percent.Oct 13, 2021
What does addiction do to a marriage?
Substance abuse in marriage can destroy trust and hurt families financially. At its worst, substance abuse may also lead to abusive patterns of emotional manipulations and even physical violence.Nov 23, 2020
Is alcoholism grounds for divorce in Texas?
While Texas, like most states, includes a no-fault grounds divorce, Texas law allows parties to allege fault-based grounds for divorce, including physical, mental or emotional cruelty, which can be based on a drug or alcohol addiction and allegations of abuse in connection therewith.
Is addiction grounds for divorce?
In order to be granted a divorce on the ground of habitual drug addiction, you must show that your spouse has an addiction and that this drug abuse began after you were married.
What is the main cause of divorce?
The most commonly reported major contributors to divorce were lack of commitment, infidelity, and conflict/arguing. The most common “final straw” reasons were infidelity, domestic violence, and substance use. More participants blamed their partners than blamed themselves for the divorce.
Can a drug addict get divorced in MS?
He needs representation to defend the case while he is unavailable. Being addicted to drugs can be a ground for divorce in MS but he has due process rights and must be served correctly in order to protect those rights. He has a right to participate in the proceedings via an attorney even if he can be there in person because of his situation.
Can I get divorced while my spouse is in rehab?
On the facts presented, it does not appear that he has been properly served with process. You should consult a local attorney.
How long do you have to wait to file for divorce?
You must still wait 6 months before you are eligible for the status of divorce. You can file for Trial Setting Conference and set all matters including custody for the same day of trial and also request to be restored back to the status of a single person.#N#If he has failed to file a response first file a Request for Default Trial
Can you get a bifurcated divorce?
But you will need to first make sure you have filed your response to the dissolution, prepare and send to your ex your Preliminary Declaration of Disclosure and/or your Declarations regarding community property and separate property and an updated Income and Expense Declaration. You will also need to file your FL105. Then after service, you...
How does addiction affect alimony?
Similar to how substance abuse affects property division, addiction is most likely to affect alimony when an addicted spouse has harmed the couple’s finances. In most states, a judge could decide to award additional alimony to the spouse of an addict if the addict drained the couple’s finances fueling the addiction.
What does a judge consider when deciding how much of the joint property each spouse should receive?
In these states, the judge will consider a spouse's substance abuse when deciding how much of the joint property each spouse should receive. A court may decide to award a larger share of the marital estate to the sober spouse, particularly if the addicted spouse’s substance abuse issues negatively impacted the couple’s finances.
How does substance abuse affect the division of assets?
How Substance Abuse Affects the Division of Assets. In many states, courts won’t consider fault when dividing a marital estate (everything a couple owns together), but in some states, a spouse’s behavior during the marriage is relevant to the division of property. In these states, the judge will consider a spouse's substance abuse ...
Can a sober parent have full custody of a child?
In extreme cases, a court may award full custody of children to the sober parent, with the addicted parent having no visitation at all. In cases where the addicted parent has caused serious injury to a child due to substance abuse, a judge may terminate that parent’s custodial rights altogether.
Can a spouse with addiction get divorced?
If you're divorcing a spouse with an addiction, you should understand how this issue may affect child custody and property division. This article explains how a spouse’s substance abuse may impact your strategy during a divorce.
Can you file for a no fault divorce in California?
Even in the states where you can only file for a no-fault divorce, such as California and Florida, you can still introduce evidence of your spouse’s substance abuse during the case as it may relate to custody and other issues in the divorce.
Does drinking affect custody?
One area where substance abuse factors in heavily is child custody. While moderate drinking won’t affect a custody decision , courts will strongly consider any substance abuse issue that impacts parenting ability. All other things being equal, a parent with a substance abuse problem is less likely to win child custody.
How does substance abuse affect divorce?
Ways Substance Abuse Can Affect Your Divorce. To file for a divorce, nobody has to be at fault. Basically, a married couple can get divorced for any reason and neither spouse has to prove wrongdoing by the other spouse. Even if a married couple just doesn’t want to be around each other anymore or don’t share common interests anymore, ...
Why does the judge want to make sure the children are in the most stable and loving environment?
The judge wants to make sure they aren’t being put in the middle or being mistreated during the divorce process or at all. This is why the judge takes substance abuse and addiction seriously. They want to be sure the children are in the most stable and loving environment.
Can a judge see an addict in treatment?
Judges do want to see addicts get into treatment. There have even been some instances where couples have gotten back together after the addicted spouse got treatment. While that may or may not be an option, at least now you are aware of how the substance abuse issues in your marriage, could affect a divorce.
Can a spouse have less say in divorce?
If one spouse has substance abuse issues or an addiction, that spouse may have less say in the divorce proceedings. Courts do take addiction and substance abuse seriously. They want to make sure the addicted spouse takes responsibility for their actions, especially in cases involving children.
Can a parent give custody of their child without substance abuse?
In some extreme situations, the court may decide to give full custody to the parent without substance abuse issues and the other parent doesn’t get any visitation. This may happen if the children have sustained injuries while under the supervision of the addicted parent.
Can a parent be subject to drug screening?
The parent with substance abuse issues may be subject to random alcohol and drug screenings, have to attend addiction recovery meetings or get addiction treatment as well. Almost all custody orders, in these instances, would require the parent not to use drugs or alcohol while the children are in their supervision.
Can alcohol affect divorce?
One of the times when substance abuse plays a major factor in divorce is when children are involved. Mild to moderate drinking may not affect the decision of who gets child custody. However, if someone is abusing alcohol or drugs, this does impair their ability to take care of their children in the best ways possible.
See A Therapist
Addiction affects everyone in an addict’s life. As the person closest to him, you probably bore the brunt of his lies, cheating, neglect or even abuse. You cannot escape the situation unaffected. This means that you need some self-care. While your spouse is in rehab fighting for his life, you should be taking care of yourself.
Visit and Participate When Invited
If possible, visit your spouse in rehab and participate in any way in which you are invited. Many addiction treatment programs like to involve family to some extent because addiction is not just an individual disease. If you can be a part of his treatment, you will be better prepared for life together after rehab.
Learn About Addiction and Treatment
Addiction is a chronic disease, and research is changing our understanding of it every day. Read up on what addiction is, how it affects people, and what treatment is like. The more you know about and understand where your spouse has been and where he is going, the more compassionate you will be when he comes back home.
Learn and Practice Stress-Reduction Techniques
Another important thing to learn is how to manage stress and other negative emotions. You’ve been through the wringer, and although your loved one is getting help, the hard work won’t be over when he gets home. He will be working hard in recovery and will need your support. There will be stressful and difficult times ahead.
Build a Support Network
Having social support is crucial for both the addict and his loved ones. You cannot go through this alone any more than he can. Gather friends and family whom you trust with your confidence. Call on them when you are having a bad day and rely on them in the difficult times ahead.
Get Your Loved One the Help They Need at Promises Treatment Center
Having a spouse in rehab may feel like a big relief. Finally, he admitted to having a problem and is getting help. It isn’t the end of the road, though. You both have work ahead of you, and preparing for it while he gets treatment will mean that you will be better able to cope with the challenges going forward.
What to expect when spouse comes home after rehab?
Likely the spouse coming home after rehab feels some reticence and worries how the interpersonal dynamic will be altered now that they’re sober. Be intentional about showing love and affection and consistently expressing love, despite the challenges that may be experienced during the healing journey.
What is needed to support a loved one in rehab?
To support a loved one in rehab includes many things, although love and caring are at the top of the list. Yet, more than caring is needed in the rehab and recovery journey. Both the recovering individual and his or her spouse and family are intricately involved in recovery, as addiction affects the entire family.
What is an al anon group?
There are many Al-Anon style groups that provide support for family members of users. This type of support is enormously helpful and can mean the difference between endlessly struggling and burying resentment and finding the strength and resources so vital to ensure a safe and confident foundation in being able to be there for the spouse in rehab. For the spouse of an alcoholic, Al-Anon offers the emotional support and camaraderie of being with spouses of loved ones in rehab. Talking through difficult issues and hearing the success stories and suggestions from others in similar situations make this time feel less lonely and impossible. There’s strength in numbers as well as a sense of solidarity with others who are also in the trenches of addiction and recovery.
Can a spouse be involved in rehab?
Be Involved in Their Rehab. Depending on the spouse’s treatment during rehab and the type of addiction or mental health disorder being treated, there is likely some version of family education and therapy available for the non-addicted spouse.
Is it hard to change your spouse in rehab?
Moreover, despite repeated vows to change , addicts often find it hard to change. This can cause a spouse to wonder whether it’s even worth it to stay in the marriage while their spouse is in rehab.
Is it scary to go to rehab?
Going to Treatment Is a Step of Faith and Can Be Scary. When the addicted spouse finally makes the decision to seek help, it’s a cause for reluctant joy. Granted, this isn’t an easy decision for anyone to make, as going to rehab is both uncertain and scary for the one seeking help, as well as the spouse who wants to support a loved one in rehab.
Can physical abuse continue?
Physical abuse or psychological distress should never be allowed to continue. A plan is definitely required to make sure the non-addicted spouse has a ready means of handling the situation, even leaving the home environment should it become violent or unstable. 2. Be Involved in Their Rehab.
