Marriage is a complex union that necessitates trust, love, and a shared understanding between two individuals. While every couple encounters hardships in their marriage, certain situations can become overwhelming. One of the most challenging scenarios is when a spouse is battling drug or alcohol addiction. Substance addiction can inflict emotional, physical, and financial strain on a marriage. Hence, in such cases, a spouse may contemplate filing for divorce.
Grounds for Divorce in North Dakota
When contemplating divorce in North Dakota, it’s crucial to grasp the grounds on which it is granted in the state. North Dakota follows a no-fault divorce system, meaning the court will grant a divorce if one or both parties believe that the marriage has irretrievably broken down without hope of reconciliation.
However, if you wish to pursue a fault divorce, the state acknowledges specific grounds for such cases. One of the recognized reasons is if one spouse has fallen victim to drug or alcohol addiction. According to North Dakota law, addiction is classified as incurable insanity.
Fault vs. No-Fault Divorce
It’s important to discern the distinction between these two types of divorce. A fault divorce occurs when one spouse accuses the other of a specific wrongdoing, such as addiction. On the other hand, a no-fault divorce occurs when both partners acknowledge that their marital relationship is no longer sustainable and mutually agree that neither party is solely to blame.
Opting for a fault divorce exposes the accused party to severe consequences, including potential loss of property and custody, possible criminal charges, and the likelihood of intentional infliction of emotional distress.
Proving Drug or Alcohol Addiction
When pursuing a divorce based on addiction, it becomes necessary to substantiate the spouse’s drug or alcohol dependency. A court will only grant a divorce on addiction grounds if there is sufficient evidence to prove that the addiction has had a detrimental impact on the marriage.
Evidence that can be utilized to establish the addiction may include:
- Sworn testimony from credible witnesses familiar with the accused spouse’s behavior patterns, habits, and routines
- Documentation of any arrests or convictions related to addiction
- Professional reports from licensed medical experts like physicians or addiction counselors
- Drug or alcohol test results indicating substance abuse
Property Division and Child Custody
In addiction-based divorce cases, the court examines several factors, particularly property division and child custody, which hold significant importance.
Regarding property division, the court follows the principle of equitable distribution. It considers various factors, including each party’s contributions to the marriage and the value of the assets. In more extreme cases, it is not uncommon for the court to order the accused spouse to forfeit their share of the marital property entirely.
Child custody is a vital concern in divorce cases related to addiction. The court prioritizes the best interests of the children when determining custody arrangements. To ensure the children’s safety and well-being, the court may mandate addiction treatment for the accused spouse.
Conclusion
Addiction places an immense strain on a marriage and often leads one spouse to consider divorce as the most suitable course of action. If you are contemplating an addiction-based divorce in North Dakota, it is imperative to comprehend the applicable laws and the factors that a judge will consider when making a decision. An experienced attorney can guide you through your case, ensuring a logically formatted and easy-to-read outcome that promotes fairness.