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Divorcing an addict in Texas

On Behalf of | Mar 3, 2022 | Divorce

Nothing destroys relationships in Texas like substance abuse. The addict’s behavior is often unpredictable, putting the marital property and everyone’s safety at risk. If you are divorcing an addict, here’s what you can expect.

Texas divorce

In Texas, you can divorce your partner on the grounds of substance abuse. You won’t need their consent to file for divorce; as long as you have proof of their substance abuse and how it has negatively affected your marriage, you are good to go.

Substance abuse and division of assets

According to the Texas Family Code, the judge must divide your marital property in a just and right manner. Therefore, you’re your spouse was using your marital property (your savings, their salary, and other assets) to buy drugs, the court may give you a bigger portion of the marital assets as compensation.

Substance abuse and child custody and support

An addict’s parenting ability is often poor. They may not be present for their child as they should or may get aggressive after abusing drugs, risking injuring them. So, as the sober one, you must take steps to protect your children at all costs, but at the same time, you should ensure that the kids still remain in contact with the other parent. You can ask the court to only allow visitation or parenting time when the other parent is sober and in good conduct.

Another major challenge will be dealing with child support. Addicts often have a hard time keeping steady employment, making it difficult to pay child support. During litigation or mediation, find the best way to deal with child support obligations. The court could force the addict to go to rehab because it is illegal to miss child support payments.

Divorcing an addict is not easy, but it must be done if they aren’t willing to change or if they put your life and that of your kids at risk. Remember to also seek emotional help because it can take a toll on you.