divorce attorney near me who works with chronic illness and alcoholic spouse

by Ignatius Kozey DVM 10 min read

Is there any legal advice for a spouse divorcing an alcoholic?

Additionally, if your alcoholic spouse has a criminal record, drug tests, and time in rehabilitation centers, the court may be reluctant to give them certain privileges. When There Are Children Involved . When you decide to divorce your alcoholic spouse, child custody will become a key issue and could be a point of contention.

Is it easy to live with an alcoholic husband?

Divorcing an alcoholic when you have children. Children make divorcing an alcoholic much more challenging. For the spouse who is divorcing an alcoholic, there is often an emotional tug of war between the desire to have the children see the other parent and the knowledge that the alcohol abusing parent may be a danger to the children.

Which is the best law firm for divorce in PA?

Oct 28, 2020 · Divorcing an alcoholic is very challenging because a person who is already dependent on alcohol will be more susceptible to other substance abuse and this may lead to aggression. Alcohol can turn a reasonable man violent and this can greatly affect your family’s safety. Seek help and get a protection order if needed.

How can an addiction expert help my spouse?

5.0 (2) Divorce consultation with forms - $250.00 (one hour) Other family law matters - Price Varies, contact me -Paternity -Name Change -Custody - Step-pare... Read More. nt Adoption and Adult Adoption -Prenuptial and Postnuptial Agreements -Real …

How do you prove alcoholism in a divorce?

Proving or Disproving Spousal Alcohol Abuse EtG tests can detect the presence of ethanol (alcohol) in a subject's urine. The EtG test results can prove or disprove whether the accused has recently ingested alcohol within the past 80 days.Jul 28, 2020

How does alcoholism affect divorce?

Alcoholism and Divorce Facts There are strong correlations between heavy alcohol use and divorce rates in the United States. Couples with one heavy drinker are the most likely to divorce, while couples with either two heavy drinkers or two abstaining partners are much less likely to divorce.Sep 20, 2021

Why is it so hard to divorce an alcoholic?

Regarding the correlation between alcoholism and divorce, the real issue seems to arise when only one spouse is the heavy drinker in the marriage. Studies have shown that when one spouse has a drinking problem, the couple is much more likely to divorce.

How does mental illness affect divorce?

Support Issues Specifically, mental health issues can interfere with your ability to support yourself or your family. A judge may award you additional alimonyor a larger share of marital property or assets if your mental health prohibits you from working or makes it difficult to hold a job.

How many divorces are caused by alcohol?

Interestingly, marriages with both spouses drinking heavily result in divorce about 30 percent of the time – the same as non-drinking couples. However, two heavy drinkers do not foster the perfect family life – anything but. Dr.May 10, 2020

How does a narcissist prepare for divorce?

How to Approach Divorce with a Narcissistic PartnerDo not alert the narcissist of your plans until you have your team in place. ... Enlist a strong advocate as your attorney and, if possible, a mental health professional before you tell your partner of any plans to separate or divorce.More items...•Jun 8, 2021

What it's like to divorce a narcissist?

You can expect your spouse to fight you each step of the way. In a narcissist's mind, they do not fail; they do not make mistakes. Therefore, your spouse will place the blame for the divorce squarely on your shoulders. A narcissist will use whatever resources they can to protect their self-inflated ego.May 12, 2021

How do you kick a drunk out of your house?

The accepted formal procedure for evicting someone from their residence is to consult with an attorney and file a legal motion with a court. The court will then hear the reasons as to why an individual believes that a person who lives with them or rents from them should be removed from the residence.Jan 7, 2022

Why does my husband lie to me about drinking?

Deep down, your spouse may know that their alcohol use is damaging. So, they might hide it to protect themselves and avoid conflict, especially if they want to continue drinking or don't feel strong enough to stop.Oct 19, 2021

Can you divorce a mentally unstable spouse?

Neither you nor your spouse can avoid a certain divorce by pleading mental health issues. Nevertheless, a person going through mental illness may be entitled to some additional privileges and protection under the law especially if the respective spouse is residing in the mental health facility.

How do you separate from a mentally ill spouse?

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

What are the 5 signs of mental illness?

The five main warning signs of mental illness are as follows:Excessive paranoia, worry, or anxiety.Long-lasting sadness or irritability.Extreme changes in moods.Social withdrawal.Dramatic changes in eating or sleeping pattern.Oct 14, 2020

Who is the one who will care for the children full time without the other spouse's financial support?

In addition, since the wage earning spouse is the one who will care for the children full-time without the other spouse's financial support, that may also be a consideration when determining whether spousal support is even proper at that time. There are many other factors taken into consideration here.

What happens if your spouse denies alcohol abuse?

If your spouse denies the alcohol abuse problem, then proving it becomes a priority. In California, Family Code section 3011 states alcohol abuse is a consideration when evaluating the children's best interest. On that subject, section (a) (4) states: " (4) The habitual or continual illegal use of controlled substances, ...

What is the worst type of case?

The worst type of case and the most dangerous one as it relates to the children is that which involves the spouse who refuses to get help and refuses to acknowledge any measures need to be taken even though the alcohol abuse problem is significant.

What is independent corroborating evidence?

Independent corroborating evidence takes many forms when divorcing an alcoholic. Alcohol-related criminal offenses are the most compelling evidence. However, past attempts at rehabilitation, medical records, witnesses to the alcohol abuse, admissions of the alcohol abuse, and similar evidence can also corroborate both the past ...

What is it called when you drink too much and can't live a normal life?

Divorcing an alcoholic who no longer abuses alcohol versus one who does. Merriam-Webster defines alcoholism as "a medical condition in which someone frequently drinks too much alcohol and becomes unable to live a normal and healthy life.". That definition sounds accurate to us.

What is a child custody evaluator?

Child custody evaluators can be appointed to give an opinion and recommendation on the children's best interest in cases that involve substance abuse of any kind, including alcohol. Such opinions and recommendations may be in addition to and in harmony with that of an addiction expert. Your Strategy Session.

Can you divorce an alcoholic with children?

Divorcing an alcoholic when you have children. Children make divorcing an alcoholic much more challenging. For the spouse who is divorcing an alcoholic, there is often an emotional tug of war between the desire to have the children see the other parent and the knowledge that the alcohol abusing parent may be a danger to the children.

What happens if you live with an alcoholic spouse?

If you are in a situation where you are living with your alcoholic spouse, chances are, you have already exhausted everything in your power to talk to this person and still you are stuck with the same problem.

What does it mean to divorce an alcoholic?

Divorcing an alcoholic also means giving up on your vows and the person you used to love but this decision is necessary especially when the well- being of your family is at stake.

What happens if you are married to an alcoholic husband?

Living with an alcoholic husband. If you are married to an alcoholic, then you are very much aware of the serious problems that alcohol abuse has with your marriage and family. In fact, this may have already caused you stress, financial problems, your children are being affected, and for some even depression. ...

What does a good lawyer do?

A good lawyer will help you with the divorce process and specifically in providing understanding about divorce and your state’s laws about alcoholism and the grounds that you can file for divorce.

How to get your husband to change?

Be a supportive spouse. Nagging or pressuring your spouse into changing immediately will not work. Support him through treatment. Seek professional help if needed. It takes time but with a loving and supporting spouse – any goal can be achieved.

What is the marriage.com course?

If you feel disconnected or frustrated about the state of your marriage but want to avoid separation and/or divorce, the marriage.com course meant for married couples is an excellent resource to help you overcome the most challenging aspects of being married.

Is alcoholism a problem for married couples?

After a few more hours, he does but you smell the overpowering scent of alcohol all over him, he’s drunk – again. Alcoholism is a very common problem today especially among married couples. An alarming rise to alcoholism gave way to an increase in divorce application for the same cause.

Who is Erin Morse?

The Law Office of Erin Morse is an exclusive Family Law and Divorce Law Firm. Founded by Attorney Erin Morse in Orlando, she and her competent staff ... Read More

Where is Jeff Cutler?

Jeff Cutler is a native Miamian, attending local public schools before graduating with honors from the University of Florida School of Business Admin... Read More#N#istration (BSBA, Finance) and receiving his Juris Doctor degree from the University of Florida School of Law in 1982. He was a Captain and four-year letterman for the University of Florida Wrestling Team. Mr. Cutler returned to Miami in 1982 to live and practice law following law school. Mr. Cutler’s areas of legal specialization include civil, corporate, and commercial law and litigation, including business and construction law, transactions and finance, personal injury, wrongful death, p ... View Profile

Why is the law the most valuable?

5.0 (1) The law is the most valuable when it prevents people, familes, businesses and communities are protected from wrongful actions and from suffering inju... Read More. stices. In instances where injustice has already occured, then the law must ensure that those injured are fairly compensated.

How to protect your children from alcohol abuse?

If you believe that your spouse’s alcohol abuse presents a danger to your children, you may wish to take certain actions to protect your children’s safety, including asking for a psychological evaluation or petitioning the court to limit your spouse’s parenting time or require supervision. Judges will consider the best interests of the child when making decisions, and it is presumed that spending time with both parents in in children’s best interests, so if you wish to restrict your spouse’s parenting time, you will need to provide evidence that your children’s physical, mental, or emotional health is at risk. Your attorney can advise you on the best steps to take as you look to ensure that your children are safe.

Is Illinois a no fault divorce state?

Illinois is a no-fault divorce state, which means that the only grounds necessary for divorce are irreconcilable differences. While a spouse’s alcohol abuse may be one of the reasons the relationship is ending, it is not necessary to demonstrate an alcohol addiction during divorce proceedings. In some cases, doing so may only complicate the case and cause lengthy and costly court battles. Be sure to speak with your attorney about the best approach to take before bringing up your spouse’s alcohol abuse in court.

What age group is divorced?

Participants age at time of divorce 1 Age 40-49, 73% of divorced in their 40’s 2 Age 50-59, 22% of divorced in their 50’s 3 Age 60-Older, 4% of divorced in their 60’s or later

What are the four chronic illnesses that the researchiss focused on to determine if the eithis the type

Thise were four different chronic illnesses that the researchiss focused on to determine if the eithis the type or severity impacted the rates of divorce. The four illness were heart disease , lung disease , cancer, and stroke. Although thise were slight differences, the results for each were statistically insignificant.

What are the hardships of marriage?

Thise are always hardships that spouses have that can affect their relationship. Psychologists refer to these hardships as “marital stressors.” These stressors can include external circumstances or events that eithis threaten or challenge a marriage and includes unemployment, infidelity, financial problems, parenting issues, a child’s death, in-law problems, and as indicated by the study a spouse’s chronic illness. The effects of these can be subtle, making spouses drift apart even if thise is no outward conflict between them.

Why is divorce grey?

According to othis studies, couples are divorcing later in life in a trend referred to as “grey divorce.” Perhaps it’s because people are living longer, but the trend, which started in the early 1980’s, became formally recognized with the label in 2004.

How does stress affect marriage?

Stress affects marriage in different ways. Some things you can explore include infidelity or financial problems. Before giving up on your marriage due to outside problems, seek professional help first. If your marriage has been stressed because of chronic illness, some suggestions include: Accept offers to help.

What does Karraker say about life?

Karraker furthis says, “Life or death experiences may cause people to re-evaluate what’s important in their lives.”. Basically, it can make a person re-evaluate their life’s future and what they really would like to do with their time. Karraker and Kenzie Latham, a fellow colleague who is an assistant professor at Indiana University–Purdue ...

Why do marriages end in divorce?

A new study in the Journal of Health and Social Behavior states that 6% of marriages end in divorce if the wife has been diagnosed with a serious illness compared to if the wife is healthy. This gives a whole new meaning to the “in sickness and in health” part of the marriage vows.

What to do after divorce?

Think about all of the things you do for them on a daily basis, including driving them to appointments, helping them shower, and running errands for them. After the divorce is over, these items will still need to be completed, even after they are living on their own.

Why is spousal support required?

Because your spouse has a disability, your required level of spousal support could typically be higher than the general population. Spousal support is often mandated to help cover the cost of services and care that your spouse will not be able to afford, based on current income or benefits.

What happens if your spouse has a disability?

When your spouse has a disability of any type, it adds an additional layer of stress to your divorce. Now this already emotionally tumultuous time is filled with extra responsibilities and concerns that must be addressed before your divorce can be finalized. If your spouse has a disability, you will need to contemplate whether they have ...

How to assess your own role in care?

In order to assess your own role in their care, consider making a detailed list of activities that you regularly assist them with. Make a list of the items that they could perform on their own, as well as the ones they would be incapable of completing without the assistance of another person.

Can you divorce a spouse with a disability?

It should be no surprise that divorcing a spouse with a disability is likely to entail a greater degree of planning than may otherwise be necessary. Remember, to start off on the right foot, make sure you have a thorough, accurate understanding of what you currently do for your spouse, as well as what would need to be done in your absence. Solutions can vary from having the assistance of a family member to hiring a caregiver.

Is spousal support permanent?

Spousal support is often considered permanent in these situations, at least until your spouse has a change in disability status, remarries, or receives new or additional benefits, which would change the necessity of your spousal support.

What happens if you abandon your spouse?

In most cases, an abandoning spouse has forfeited any property rights, and has lost the right to make decisions about abandoned personal and real property. The abandoned spouse also has what is known as the “right of occupancy” which gives them the upper hand in negotiations to create a final settlement.

What happens if a spouse leaves a marriage?

If a spouse leaves a marriage because the other spouse has made conditions intolerable to stay, the person leaving the marriage can claim constructive abandonment. Suppose your spouse is abusive to you, has committed adultery, or has a chronic substance addiction problem.

How long do you have to go through abandonment before filing for divorce?

You may get more favorable terms in a division of assets, alimony, or in other parts of your divorce where courts have discretion. The drawback with claiming abandonment is that you are usually required to go through a defined period of abandonment (typically one year) before you can file for divorce.

What does "abandonment" mean in divorce?

Abandonment does not take place when a spouse moves out of a family home to create a temporary or permanent separation unless it also includes the refusal to provide any type of support.

How long does it take to abandon a marriage?

In some states, this duration is one year, but laws can vary from state to state. For couples contemplating divorce, it’s important to know the difference between separation and abandonment.

What is the term for abandonment in divorce?

In some fault-based divorce states, this is known as “willful desertion” and can be cited as a specific ground for divorce. There are two types of abandonment: 1. Criminal Abandonment.

Can you abandon a spouse in a no fault divorce?

Also, it is not considered abandonment when one spouse leaves as a prelude to a divorce, as long as the spouse continues to honor their financial obligations to the marriage.

Why do people stay with their alcoholic spouse?

They believe they can fix the alcoholic. In some cases, a partner may stay with an alcoholic spouse because the spouse enters treatment and seems to want to change.

What are the negative effects of alcohol on a spouse?

Coping with a spouse who abuses alcohol is distressing, and according to the research, it has the following potential negative effects for the spouse and family of an alcoholic: Domestic violence against the spouse. Mental health problems like depression. Reduced confidence. Spouse feeling inferior.

What is the medical term for alcoholism?

The medical term for alcoholism is an alcohol use disorder, according to the National Institute on Alcohol Abuse and Alcoholism. If your spouse has this condition, he or she will display some of the following warning signs. If you notice these signs recurrently, perhaps it is time for you to leave an alcoholic spouse.

What happens if your spouse relapses?

If your spouse relapses and returns to harmful behaviors, you may have to decide to end the relationship for good . Part of living with an alcoholic spouse is accepting that alcoholism is a lifelong disease, which will require ongoing support.

Why are alcoholics afraid of new life?

The alcoholic partner may be working and supporting the household, making the other partner financially dependent upon the alcoholic.

What is alcoholic behavior?

Being unable to fulfill duties at home or work because of alcohol. For example, alcoholic behavior in relationships may lead a spouse to lose a job, stop paying household bills or struggle to contribute to household maintenance and chores.

What happens when you drink alcohol?

Drinking when it creates danger, such as driving while under the influence of alcohol. Experiencing withdrawal symptoms, like sleep problems, nausea, and sweating, when not drinking. If you are living with an alcoholic, you may also notice that your spouse or partner drinks more than they intend to.