Divorce and Substance Abuse
Are you from Long Island and in the process of filing a divorce with a spouse suffering from a substance abuse disorder? If so, we understand that divorce can be a lengthy, challenging process. To ease the obstacles, legal advice can help you manage the difficulties and set the terms of your divorce. However, there are many factors that can change and complicate the terms of a divorce such as substance abuse, the death of a spouse during the divorce process, and parental kidnapping.
In the state of New York, substance abuse of your spouse can qualify for a fault-based divorce. Substance abuse also affects the decision of child custody. For a complete list of information on divorce aspects that may be influenced by substance abuse, click here.
Substance abuse involves the mistreatment of alcohol or drugs. These drugs include tobacco, cocaine, marijuana, heroin, methamphetamine, ecstasy, Rohypnol, LSD, ketamine, PCP, and more. If you are filing for a divorce on Long Island and your spouse abuses one or more of these substances contact Simonetti & Associates. Additionally, if your spouse is filing for a divorce and you think he/she might introduce substance abuse information from your past to the courts, Simonetti Associates can give you the correct legal advice.
To properly claim substance abuse as a reason for bad parenting, in terms of a child custody dispute, you must first provide the judge with enough reasoning to demand a drug test from your spouse. For example, include evidence of a physical or mental condition. Once the judge has ordered a drug test, consider that you might be forced to pay for it.
In addition to child custody, the substance abuse of a spouse can have an effect on the division of assets. It is possible for the court to allocate a disproportionate amount of assets to the non-substance abusing spouse with the aim of preventing the substance abuser from using the assets for drugs.
To discuss legal options and actions against a substance abusing spouse, contact Simonetti & Associates for a free consultation. We look forward to helping you face these potential obstacles.