Making the decision to get a divorce is never easy, and when substance abuse is involved, it only adds to the complexity. In Texas, where no-fault divorces are recognized, proving fault is not a requirement for filing. However, if one spouse has a drinking problem, it can complicate the process. Let’s explore this topic in greater detail.
Substance Abuse and Divorce in Texas
The state of Texas acknowledges substance abuse as a significant factor in divorce cases. When one spouse has a drinking problem, the other spouse can file for divorce based on insupportability, irreconcilable differences, or living separately. Insupportability refers to the marriage becoming insupportable due to discord or personality clashes, with no hope of reconciliation.
The Burden of Proof
In Texas, you don’t necessarily have to prove that your spouse has a drinking problem to file for divorce. However, if it plays a crucial role in your case, you will need to provide evidence. For instance, if your spouse’s drinking has caused harm to you or your children, whether physically, emotionally, or financially, you will need to substantiate those claims. This evidence may include medical records, police reports, witness testimonies, or any other relevant documentation.
Child Custody and Visitation
When a parent struggles with alcohol abuse, it can greatly impact the well-being of their child. Texas courts prioritize the best interests of the child when making custody and visitation decisions. If the drinking problem poses a threat to the child’s safety, the court may restrict the parent’s visitation rights. In more severe cases, the court may even deny visitation rights altogether or require supervised visitation. Additionally, they may impose limitations on the parent’s alcohol consumption during visitation.
Property Division Considerations
As a community property state, Texas divides marital property equally between spouses during a divorce. However, if one spouse’s drinking problem has resulted in substantial financial losses, such as unpaid bills or property damages, the court may take this into account during property division. For instance, the court may order the drinking spouse to compensate the other spouse for the losses caused by their destructive behavior.
Conclusion
If your spouse is grappling with a drinking problem, it can certainly complicate your divorce proceedings. While Texas allows for no-fault divorces, you may need to substantiate the drinking issue if it is crucial to your case. The court will always prioritize the child’s best interests in custody and visitation decisions and may also factor in the financial implications caused by the drinking problem when dividing marital property. It’s crucial to seek the guidance of an experienced family law attorney if you are considering divorce due to your spouse’s drinking problem. They can provide you with the necessary support and ensure that your rights and the well-being of your child are protected.