Does Addiction Play A Role In Your Virginia Divorce?
Whether it involves alcohol, drugs, gambling, or other illicit behavior, addiction is devastating for many families in Virginia and a common factor in Loudoun County divorce cases. In addition to being heartbreaking, it may also impact your legal rights in divorce proceedings.
Our Loudoun County divorce attorney provides trusted, local legal guidance in this difficult situation. Find out more about addiction and divorce in Virginia, whether you are one of the many people who is struggling or the ‘wounded’ spouse of an addict.
How Active Addiction And Early Recovery Impact Virginia Divorce Proceedings
Harvard Health defines addiction as an unhealthy behavior between a person and a product or substance. Whether you struggle with alcohol and drugs or the monkey on your back is food, gambling, shopping, or watching pornography, it likely took a toll on your marriage.
Under the Virginia Statutes, addiction in and of itself is not grounds for divorce, but it could impact Loudoun County divorce proceedings in other ways:
- Your spouse may have divorce grounds if you get aggressive or violent when using.
- They may be able to claim divorce grounds in Virginia if your addiction resulted in felony charges.
- Even without grounds, they may be entitled to a greater share of marital property if you squandered money or assets.
- Your addiction may jeopardize your rights to child custody.
If you are in active addiction, our Loudoun County divorce attorney encourages getting immediate treatment. If in early recovery, document your progress to use as evidence and to defend your rights in a divorce.
Dealing With An Addicted Spouse?
Addiction can happen to anyone and is often an indicator of underlying physical or mental health problems. While you may have compassion for your spouse and continue to hold out hope for their recovery, you may also have reached the end of your rope regarding the marriage.
If you are considering divorcing an addicted spouse in Loudoun County, they may do any of the following:
- Get aggressive or make threats when served with a divorce;
- Refuse to sign divorce papers or fail to appear at hearings;
- Sell marital property or drain bank accounts;
- Destroy any evidence you have of their addiction or blame you for their problem.
This behavior is not typically tolerated by the Loudoun County Courts and could entitle you to sole custody of children and a greater portion of any marital assets.
To Protect Your Rights, Schedule A Consultation With Our Virginia Divorce Attorney
Divorce cases in which one of the parties is addicted are heartbreaking. Whether you struggle with a problem or are the wounded spouse, it is important to know that you have options. Get the caring support and professional legal help you need from an experienced Loudoun County divorce attorney.
At Schwartz Kalina, PLLC, our Virginia divorce attorneys understand what a difficult situation this is and protect your rights and best interests throughout the divorce process. Give us a call or contact us online to schedule a consultation today.
Sources:
health.harvard.edu/blog/what-is-addiction-2-2017061914490
law.lis.virginia.gov/vacode/title20/chapter6/section20-91/
vacourts.gov/courts/jdr/loudoun/home.html
