Divorce is always a delicate and complicated process. However, when one of the spouses has a history of drug or alcohol abuse, the process can become even more challenging. In this article, we will explore what you can expect when dealing with a situation like this during a divorce in Iowa.
Understanding the situation
If your spouse has a history of drug or alcohol abuse, it’s essential to understand the gravity of the situation. Substance abuse can affect every aspect of a person’s life, including their relationships, job, health, and finances. It can also lead to irresponsible behavior, such as neglecting their children’s needs, engaging in criminal activities, or driving under the influence.
How drug or alcohol abuse can affect divorce proceedings
Several legal issues can arise during a divorce when one spouse has a history of substance abuse. Here are a few examples:
Child custody
The court’s primary concern when it comes to child custody is always the child’s welfare and best interests. If a parent’s substance abuse puts the child at risk, the court may not grant the parent custody or visitation rights. In some cases, the court may require the parent to complete a drug or alcohol treatment program and prove their sobriety before regaining custody or visitation.
Property division
In Iowa, property division during a divorce follows equitable distribution. It means that the court will divide marital assets fairly but not necessarily equally. If one spouse’s substance abuse put a strain on the marriage financially, the court may take that into account when dividing assets.
Spousal support
Spousal support, also known as alimony, is a financial payment from one spouse to the other after a divorce. In Iowa, spousal support may be awarded if one spouse contributed to the other’s education or career or needs financial assistance after the divorce. If a spouse’s substance abuse led to job loss or reduced earning capacity, the court may consider that when deciding on spousal support.
Protective orders
If a spouse’s substance abuse puts the other spouse’s safety at risk, the court may issue a protective order. A protective order can prohibit the abusive spouse from contacting or approaching the other spouse or their children.
Getting legal assistance
If you are going through a divorce, and your spouse has a history of drug or alcohol abuse, it’s crucial to seek legal assistance. An experienced divorce attorney can help you navigate the legal system and protect your rights and interests.
Your attorney may advise you to gather evidence of your spouse’s substance abuse, such as police reports, medical records, or witness testimonies. They can also help you negotiate a settlement agreement or represent you in court if necessary.
Conclusion
Dealing with a spouse’s substance abuse during a divorce can be emotionally challenging and legally complex. It’s essential to have a clear understanding of the legal issues involved and seek legal assistance to protect your rights and interests. Remember that the court’s primary concern is always the children’s welfare and best interests, so it’s vital to prioritize their safety and well-being.