Deciding to pursue a divorce is never an easy choice, and it becomes even more complex when addiction is involved. Divorces are emotionally and financially challenging, and when drugs or alcohol are factors, the situation can become even more complicated. If you find yourself contemplating a divorce while your spouse battles addiction, you might be wondering if proceeding with the process is possible in Florida.
Understanding Grounds for Divorce in Florida
To file for divorce in Florida, you must establish grounds for divorce. In the state, two types of grounds are recognized: no-fault and fault-based grounds. A no-fault divorce signifies that neither spouse is to blame for the breakdown of the marriage. Instead, the couple acknowledges irreconcilable differences are responsible for the relationship’s demise, and they no longer wish to remain married. Conversely, a fault-based divorce acknowledges that one spouse is responsible for causing the marriage’s breakdown. In such cases, the accusing spouse must prove that the other committed one of the following acts:
- Adultery
- Abandonment
- Mental incapacity
- Imprisonment
- Physical or emotional abuse
Substance Abuse and Divorce in Florida
Although drug or alcohol addiction is not specifically listed as a ground for divorce in Florida, it can be considered when determining property division, alimony, child custody, and visitation rights. It is crucial to note that addiction alone might not be sufficient to warrant a divorce.
If your spouse’s addiction significantly impacts your marriage and contributes to its breakdown, it might be possible to file for a no-fault divorce based on irreconcilable differences. However, substantial evidence demonstrating that the addiction has caused an irretrievable breakdown of the marriage is necessary.
Legal Requirements to File for Divorce in Florida
Besides establishing grounds for divorce, other legal requirements must be met before filing for divorce in Florida. These requirements encompass the following aspects:
- Residency: At least one spouse must have resided in Florida for a minimum of six months before initiating the divorce process.
- Waiting period: There is a statutory 20-day waiting period between the filing of the divorce petition and its finalization.
- Property division: Florida practices equitable distribution when dividing marital property. This implies that property is divided fairly, but not necessarily equally, between the spouses.
- Alimony: In cases where one spouse is financially dependent on the other and the financially stable spouse possesses the means to support, the dependent spouse may be entitled to alimony.
Assisting Your Spouse with Addiction
If your spouse is struggling with addiction, it is imperative to encourage them to seek help before or during the divorce process. Addiction is a recognized disease, and effective treatment options are available. Approaching your spouse with compassion and understanding might increase their willingness to undergo treatment. Numerous resources exist in Florida to assist individuals battling addiction, including treatment centers, support groups, and counseling services.
Seek Guidance from a Divorce Attorney in Florida
If you are contemplating a divorce while your spouse battles substance abuse issues, it is vital to seek advice from a knowledgeable divorce attorney. An attorney specializing in divorce can provide valuable insights into your legal options and expertly guide you through the entire process. They will ensure that your rights and interests are protected while also prioritizing the best interests of any children involved.