Dealing With An Addicted Spouse? How To Protect Your Rights In A San Jose Divorce
According to the California Health Care Foundation, over three million CA residents suffer from substance use disorders. Santa Clara residents are very familiar with the ravages wrought by alcohol and drug abuse, but addictions to gambling, sex, pornography, food, or other substances can be just as devastating.
Spouses unwittingly share in the impacts. If you have reached the end of your rope in dealing with an addicted spouse, contact our San Jose divorce lawyer. We provide caring support and the professional legal representation you need to protect your rights. Find out more about how to deal with this difficult and potentially dangerous situation.
Addiction A Common Factor In San Jose Divorce
People with a substance use disorder are heartbreaking riddles. They may be among the most kind, caring, and responsible people. However, once their addiction grabs hold, it can tear them and their families apart.
The National Institutes of Health warns that addictive behavior and substance use disorders are among the most common factors in divorce. If the person you married has a problem, be aware of how it can impact you and your family in Santa Clara County divorce proceedings:
- Rights to marital property and asset division: Your partner may have squandered assets or sold property to support your addiction, which may entitle you to a greater share in terms of marital property division.
- Rights to child custody: While the California Family Court generally encourages child time-sharing, your partner’s addiction could impact their rights in these arrangements.
- Delaying a divorce order: Addicts are likely to try and delay or disrupt divorce proceedings by failing to appear at negotiation sessions or hearings.
- Endangering your safety: Depending on the type of addiction and other factors involved, your spouse may get violent or aggressive when confronted with a divorce or at any point during these proceedings.
How To Protect Your Rights When Divorcing An Addicted Spouse
With over three million suffering the devastating impacts of addiction in California, you are not alone in facing the many problems caused by your spouse’s behavior. Under the California Family Code, substance use disorders are not grounds for a divorce, but it can impact your rights in these proceedings. To protect yourself, our San Jose divorce lawyer recommends the following steps:
- Make a complete list of marital property and assets, including property and assets your partner may have squandered or sold to support their addiction.
- Keep a journal documenting their behavior and the ramifications of their addiction on your relationship.
- Detail how their addiction impacts any children involved.
- Gather evidence of their problem, including emails, texts, and records pertaining to prior addiction treatment.
Schedule A Consultation With Our Experienced San Jose Divorce Lawyer
Dealing with an addictive spouse and the havoc they wreak on your family can be devastating. At Argyris Mah, LLP., we provide caring support and the trusted, professional legal representation needed to protect yourself and others involved. To discuss your options, call or contact our office today. Schedule a confidential consultation with our San Jose divorce lawyer.
Sources:
chcf.org/wp-content/uploads/2022/01/SubstanceUseDisorderAlmanac2022.pdf
ncbi.nlm.nih.gov/pmc/articles/PMC5928459/
leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=FAM&tocTitle=+Family+Code+-+FAM
