Making the decision to get a divorce is never an easy one, and it becomes even more complex when one spouse is struggling with addiction. Dealing with a drug or alcohol-addicted partner can be incredibly challenging, leaving you with uncertainty about the best course of action. In Michigan, there are various options to end a marriage, with divorce being the most common process. While it may be heart-wrenching to separate from a loved one due to addiction, it is indeed possible to obtain a divorce in Michigan if your spouse is addicted to drugs or alcohol.
Grounds for Divorce in Michigan
As a no-fault divorce state, Michigan does not require you to provide a specific reason for your divorce other than the fact that the marriage has irretrievably broken down. However, the grounds for divorce can still play a role in the court’s decisions regarding spousal support, child custody, and property division.
One of the legally recognized grounds for divorce in Michigan is "habitual drunkenness." This encompassing term includes not only alcohol addiction but also drug addiction. By demonstrating to the court that your spouse has developed a pattern of problematic drinking or drug use during your marriage, you may be able to use this as a valid ground for divorce.
Limitations of Using Addiction as a Ground for Divorce in Michigan
Although addiction can serve as a ground for divorce in Michigan, it does not guarantee an automatic approval. You must be able to show that your spouse’s addiction has had a substantial impact on your marriage, and there is no viable chance of reconciliation. The court will also take other factors into account, such as the duration of your marriage, your spouse’s intentions to recover from addiction, and any history of domestic violence.
Furthermore, addiction alone does not play a significant role in determining child custody and visitation rights, unless it can be demonstrated that the child’s physical or emotional well-being is at risk. To establish this, you will need to present evidence that clearly supports the impact of addiction on your child’s safety and well-being.
Seeking Help
Divorce is already an emotionally stressful process, and dealing with addiction adds a layer of complexity. If you or your spouse is struggling with addiction, it is vital to seek help. Michigan offers addiction treatment programs that can provide the necessary support and resources to facilitate recovery from addiction.
Additionally, it is crucial to consult a qualified attorney who can guide you through the divorce process and ensure your rights and interests are protected. Legal advice will be invaluable in navigating the complexities of divorcing a spouse who is struggling with addiction.
Final Thoughts
Dealing with addiction within a marriage is an incredibly challenging journey. However, if you find yourself in a situation where your spouse is addicted to drugs or alcohol, it is possible to obtain a divorce in Michigan. As you consider moving forward with divorce, remember to seek legal advice and find the support you need to navigate this difficult time. Above all, prioritize your safety, well-being, and that of your spouse. Do not hesitate to seek help if either of you requires it.