Usually, health insurance is the issue that is raised when bifurcation of marital status comes up. The court won't let you "default" the rehab spouse, terminating the marriage, and therefore terminating health insurance for them that is probably needed, even though COBRA coverage ay be available. I suggest you consult with an 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?
But, individuals going through rehab are still significantly likely to divorce, thanks to a range of complex socio-economic factors. Understanding these reasons may help you to understand your spouse, which may help you to better cope with the divorce. You Are No Longer the Same Person – Addiction changes you. No matter what you are addicted to, substance use disorder changes …
What happens to my health insurance if I divorce my spouse?
Sep 10, 2013 · Usually, health insurance is the issue that is raised when bifurcation of marital status comes up. The court won't let you "default" the rehab spouse, terminating the marriage, and therefore terminating health insurance for them that is probably needed, even though COBRA coverage ay be available. I suggest you consult with an attorney.
Can My Ex be served in an out of state rehab?
Dec 13, 2018 · 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.
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.
How does drug abuse affect a divorce?
While most states do not require a couple to provide a material reason for their divorce, if one spouse abuses drugs or alcohol, this can have a direct impact on a divorce case. Typically, drug abuse will affect child custody decisions, as well as the division of assets.Mar 3, 2017
Is alcoholism grounds for divorce in NY?
Alcoholism, Mental Illness & Divorce in NY Alcoholism is not usually sufficient grounds for divorce in NYS, unless said alcoholism results in cruel or violent behavior when your spouse is intoxicated, so much that you fear for your safety.
Is alcoholism grounds for divorce in Georgia?
In Georgia, you can also divorce your spouse for habitual drug addiction or habitual intoxication. Use of illegal drugs or abuse of prescription drugs or alcohol can be grounds for divorce. Courts will consider a spouse's addiction issues when dividing the marital estate as well.
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
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.
How does a narcissist prepare for divorce?
Divorcing a NarcissistDon't Even THINK That Your Divorce Will Be Amicable. ... Get a Strong, but Reasonable, Divorce Lawyer. ... Get a Therapist. ... Assemble Your Support Team BEFORE You Divorce. ... Get EVERYTHING in Writing! ... Stay Out of Court as Much as You Can. ... Find Ways Your Narcissistic Spouse Can “Win” ... Pick Your Battles Wisely.More items...
Is New York a 50/50 divorce state?
New York is not a community property or “50/50” state. New York is an equitable distribution state for property and debt. Under NY divorce law for property distribution, the court will decide how to divide property and marital debt using the state's equitable distribution laws.
What is a wife entitled to in a divorce settlement?
Assets that you have built up or acquired during the period of marriage are known as matrimonial assets or marital assets. These typically include property, pensions, savings, personal belongings, and cash in the bank. These assets will always be added to the overall 'pot' and will need to be split fairly.
How do you divorce a mentally unstable person?
Divorcing Someone With A Mental Illness5 Considerations When Divorcing Someone with Mental Illness. Divorce can be a difficult process for everyone. ... Be Compassionate. ... Keep Spousal Support in Mind. ... Give Them Time. ... Cut Yourself Some Slack. ... Don't Deny Child Custody. ... Final Thoughts. ... Protect What Matters Most.Feb 24, 2021
Is spouse's alcoholism a reason for divorce?
California is a “No-Fault” Divorce State If your spouse's alcohol dependence has caused you to reach irreconcilable differences, whatever that means to you, then you have every right to choose to end your marriage.Sep 23, 2019
What percent of alcoholics get divorced?
For example, according to a study published in May 2014 in the Journal of Studies on Alcohol and Drugs, researchers from the University of Michigan found that nearly half of the more than 17,000 study participants with a history of alcoholism got a divorce at some point in their lives, while only 30% of the ...
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 to deal with relapse during divorce?
However, there are likely to be difficult days, and it is important that you have a plan in place for dealing with them constructively. Go to meetings and stay in regular communication with your 12-step sponsor if you have one. Know what you do and do not have control over, because this can help you learn to “stay in your lane” and work on yourself rather than try to place blame and engage in other nonproductive actions. The “one day at a time” principle from your 12-step program can be of immense value when you face the possibility of divorce. There may be times when “one day at a time” is more like “one moment at a time,” or “one breath at a time.” The fact is, you have come this far in your addiction recovery, and if you stick to the behaviors and practices that got you this far, you have every chance of coming through life changes like divorce stronger than ever. If you have questions about addiction recovery, we invite you to contact us today. Whatever you are going through, you do not have to face it alone.
What should I do if I am in addiction recovery?
If you are in addiction recovery and are facing the possibility of divorce, your first step should be hiring an excellent divorce attorney – preferably one with experience in divorces where addiction and recovery are factors.
How to re-establish trust in addiction?
In the event of an addiction relapse, you need to do what you can to re-establish trust as soon as possible. Contact your legal counsel and be upfront and candid about what has happened. As hard as it is, discussing relapse as soon as it occurs makes things easier in the long term than if you try to hide this information from your estranged partner and your lawyer. A competent, experienced lawyer can work with your therapist and other addiction recovery specialists so that negotiations with the partner and their counsel can proceed with as much honesty and as little rancor as possible.
What can a lawyer do for addiction?
A competent, experienced lawyer can work with your therapist and other addiction recovery specialists so that negotiations with the partner and their counsel can proceed with as much honesty and as little rancor as possible.
Why is honesty important in divorce?
Complete honesty with your lawyers is absolutely essential because they cannot help you to the best of their ability if they do not know all the facts. Ideally, your lawyers would be able to help you handle the divorce largely outside the court system, through mediation if possible.
Can you change your life during the first year of sobriety?
In general, people in addiction recovery are advised against making big life changes during the first year of sobriety. These changes include things like moving across the country, getting married, and getting divorced. When it comes to divorce, there are some obvious exceptions, such as in cases of abuse. If you are in addiction recovery and are ...
Does addiction recovery earn you a pass?
One of the biggest wake-up calls for many people recovering from addiction is realizing that addiction recovery does not earn them a pass from the bad things that happen in life. Payments may get lost in the mail. Cars get dinged in the parking lot. Bosses have bad days and take it out on everyone. Sometimes you or a partner realizes ...
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 long does it take to serve divorce papers?
When to Serve Divorce Papers. Once the petitioner files the divorce paperwork, they have 120 days to serve the respondent. However, typically, it is essential to serve divorce papers as soon as possible. The date of service is very important for many aspects of your case.
What papers do you need to serve a divorce?
The specific divorce papers required depend on your case. However, here is a list of common divorce paperwork needed to serve the respondent: “Summons”. “Preliminary Injunction”. “Petition for Dissolution of Marriage (Divorce) With or Without Children”.
What happens if a petitioner does not serve the correct documents?
If the petitioner does not serve the correct documents through an acceptable method of service, it can delay the divorce process, delay termination of the community until service has been completed, and potentially cause the case to be dismissed. The respondent’s allotted response time can vary, depending on the service method used.
What is the service of divorce papers?
How To Serve Divorce Papers (What and When To Serve) In a divorce case, service refers to the formal act of letting the other party know that you filed documents with the superior court. It is an essential aspect of any divorce case. The party who initially files for divorce is called the divorce petitioner. To start divorce proceedings in the ...
How to serve a respondent by the sheriff?
To have the respondent served by the county sheriff, you need to contact the sheriff’s department in the county where the party lives. There is a fee for this type of service, and you must contact the appropriate office to obtain the fees.
Who is the person who files for divorce in Arizona?
The party who initially files for divorce is called the divorce petitioner. To start divorce proceedings in the state of Arizona, the petitioner has to file documents with the court. Then, they must serve the divorce paperwork to the respondent. The respondent must receive proper service of the documents, and the petitioner must provide acceptable ...
Can a judge issue a default divorce?
A judge will not issue a default divorce if the other party files a response. The timetable for default divorce is crucial if you want to complete the divorce process promptly. Utilizing a method that gives the respondent a longer period to respond will delay the process.