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
How do I divorce a spouse with substance abuse issues?
Getting a divorce after your spouse gets home from rehab might need to be done. If you are thinking about taking this action, you may want to consider going to support groups first, if you haven’t done so already. Sometimes the spouse of a recovering addict needs support as well.
Can a sober spouse negotiate a divorce settlement?
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?
Feb 09, 2021 · If you are living with a spouse going through addiction or recovery and want to understand your legal options, the caring attorneys Fulton divorce attorneys at McCabe Russell, P.A. can set out all your options to give you peace of mind in making the best decision for you and your family. Please call 443-917-3347 or fill out our contact form to ...
How does addiction affect a divorce in New York?
Taking the Right Approach. If you’re going through divorce, it’s important to take the right approach. This means taking care of yourself, continuing your recovery, and preparing to face legal difficulties. Legal – In most cases, you should attempt to settle your divorce out of court, through mediation.
How does drug abuse affect a divorce?
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.Jun 12, 2019
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.
Self-care is just as important as a spouse healing from addiction
Maybe your partner has had an addiction since before you even met but it was controlled just enough that you wrote it off as an occasional slip that wasn’t a big deal. Addicts are good at hiding their behavior until it gets so out of control that you simply can’t ignore it any longer.
Protecting yourself from catastrophe is okay
Substance abuse is the sixth highest cause of divorce in the country, which means you would be doing yourself a disservice by not seeking legal advice to explore your options.
Speak with a divorce attorney
Realizing that you may be better apart than together can be a really hard idea to accept, but sometimes what’s best for all of you can be heartbreaking. Maybe it’s something you need to do temporarily to see how your spouse’s recovery progresses before making any final decisions.
Seeking a protective order
Substance abuse can exacerbate domestic violence and you may not have been able to safely seek help while your spouse was still in the home.
The Correlation Between Rehab and Divorce
Today’s divorce rate is lower than it’s been in 4 decades, with most marriages surviving well into 15 years. This reduced rate of divorce tracks to increases in education, changes in domestic law, and increased access to family and relationship therapy.
Taking the Right Approach
If you’re going through divorce, it’s important to take the right approach. This means taking care of yourself, continuing your recovery, and preparing to face legal difficulties.
Getting Help for Your Mental Health
Most people need some form of therapy while going through divorce. You have more reason than most. It’s important to seek out a relationship or family therapist, especially one who also specializes in addiction treatment, to get ongoing help.
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...
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 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.
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.
