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How people can prepare to divorce someone with an addiction

On Behalf of | Nov 16, 2023 | Divorce |

Divorce is a complicated process that people have to consider carefully. As a result, the average person will spend at least a few weeks preparing for the practical aspects of a divorce filing.

Those who are in particularly difficult or unusual circumstances may need to take additional steps. Someone divorcing a spouse with addiction issues, for example, will likely have more challenges ahead than usual as they prepare for divorce proceedings in Minnesota. The following kinds of preparation can potentially benefit someone who is seeking to leave a spouse with a substance abuse disorder.

Collecting financial records

The process of obtaining financial records can become more difficult after a spouse becomes defensive. Those preparing for a divorce filing will want as much financial information as possible before their spouse may attempt to alter or delete records.

Those divorcing someone with a substance abuse disorder may want to pay close attention to bank statements and revolving lines of credit. Evidence that someone has racked up massive credit card debts going to bars or withdrawn hundreds of dollars at once from a joint bank account to purchase drugs could influence what a judge believes is fair.

While marital misconduct doesn’t typically factor into property division decisions, dissipation or wasteful use of marital assets for a purpose that damages the marital relationship can affect the property division order.

Documenting misconduct and intoxication

A Minnesota divorce will be a no-fault filing, but misconduct can still influence certain decisions. Particularly when there are still minor children living at home, the person leaving an addict may need evidence of how bad the situation has become. Video footage of someone blacked out on the couch in the middle of the afternoon, audio recordings of them screaming at the children and other evidence of how they allow their addiction to affect their family members can be very valuable when going to court.

Judges typically try to keep both parents involved with the children. However, in situations involving obvious instability, including issues with substance abuse, judges may limit one parent’s time with the children or even relegate them to supervised visitation only.

Those hoping to protect their children from a volatile and potentially dangerous situation will need evidence to corroborate their claims if they want a judge to side with them during custody matters. Most people leaving volatile home situations will need proper legal support throughout the divorce process as well.

Taking the time to prepare for divorce can make a big difference to someone’s comfort and safety during and after this process, particularly if challenging circumstances – like addiction – impact a couple’s situation.


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