How to Divorce an Alcoholic or Drug-Addicted Spouse in Dallas, Texas

Divorce due to addiction is more common than you think. Deciding to divorce an alcoholic or drug-addicted spouse can be a complex process that is emotionally and physically draining. If you find yourself in this situation, the award-winning family law attorneys at Balekian Hayes, PLLC can guide you through every step. 

We understand Texas law regarding divorce, child custody, spousal support, and orders of protection, which may be necessary when alcoholism or addiction turns violent. Contact one of our Dallas divorce attorneys today.

When to Divorce an Alcoholic

Alcoholism and drug addiction can test even the strongest marriage. At some point, the emotional, physical, and financial burden may become overwhelming, and the non-addicted spouse may opt to pursue a legal separation or divorce. 

Over 18 percent of adults in Texas qualify as either binge drinkers or regular heavy users of alcohol. Excessive alcohol consumption by one parent impacts the entire family. Deciding when to divorce an alcoholic spouse is a deeply personal choice, often driven by concerns for personal safety, the well-being of children, and the stability of the family environment. Here are some signs it might be time to consider divorce:

• Violent or Erratic Behavior — Substance abuse often leads to unpredictable and potentially dangerous behavior, posing a risk to you and your children.
• Neglect of Responsibilities — Continuous neglect of parental, financial, or personal responsibilities due to addiction can create an unsustainable living situation.
• Emotional and Physical Abuse — If your spouse’s addiction leads to any form of abuse, it is crucial to prioritize your safety and well-being.
• Chronic Relapses — If your spouse has attempted recovery multiple times without lasting success, it may indicate a persistent problem that endangers your family’s future.

How to Prove Substance Abuse in Divorce

Proving substance abuse in a divorce case requires comprehensive evidence and a strategic approach. This process involves:

• Medical and Rehab Records — Obtain copies of medical records, rehab admissions, and any other documentation that proves substance abuse.
• Police Reports — Keep all documentation by law enforcement as part of the evidence of substance abuse. 
• Documented Behavior — Keep a detailed record of your spouse’s behavior, noting any instances of substance use, violence, erratic behavior, or neglect.
• Witness Testimony — Gather statements from friends, family, or professionals who can attest to your spouse’s addiction and its impact on your life.

Legal Considerations in Divorcing an Addicted Spouse

Texas courts grant divorce both on fault and no-fault grounds. Understanding which option best applies to your situation can significantly impact the proceedings and outcomes.

No-Fault Divorce

In a no-fault divorce, neither party must prove wrongdoing by the other spouse to obtain a divorce, citing the insupportability of the marriage instead. A no-fault divorce may affect:

• Child Custody — The court focuses on the child’s best interests, considering factors like the child’s relationship with each parent, the stability each parent can provide, the child’s needs, and the child’s preferences if the child is 12 or older. 
• Child Support — The court determines child support based on the child’s financial needs and the parent’s ability to pay without considering the reasons for the divorce.
• Spousal Support (Alimony) — The court considers factors such as the length of the marriage, each spouse’s earning capacity, and the other spouse’s ability to pay when determining alimony. 

Fault Divorce

In Texas, a fault divorce is one in which one spouse claims the other is responsible for the breakdown of the marriage for specific reasons such as cruelty, adultery, abandonment, imprisonment, or living apart for at least three years. In a fault divorce, specific grounds impact decisions about:

• Child Custody — Fault divorces for reasons like substance abuse or cruelty can impact custody decisions. The court may limit the at-fault parent’s custody rights, mandate treatment programs, or require supervised visitation. 
• Child Support — The court considers the at-fault parent’s earning capacity due and whether it has been affected by the substance abuse. It may also establish additional measures to ensure support is used for the child’s benefit. 
• Spousal Support (Alimony) — In a fault divorce, reasons such as adultery, cruelty, or substance abuse can influence spousal support decisions. The court considers the conduct of both spouses and may award higher support for the innocent spouse, lower support for the at-fault spouse, or deny support for the at-fault spouse for egregious behavior. 

Steps to Take for Divorcing an Alcoholic or Drug-Addicted Spouse

Divorcing an alcoholic or drug-addicted spouse requires careful planning and support. Here are suggested steps to take to ensure your safety and protect your interests:

• Protect Yourself and Your Family — Request restraining orders if there is a threat of violence or harassment. Call 911 if you are in immediate danger from an alcoholic or addicted spouse.
• Secure Your Finances — Remove yourself from joint bank accounts and lines of credit (when legally possible) and open individual accounts in your name only.
• Create a Support Network — Lean on friends, family, and professionals who can provide emotional and practical support.
• Call a Divorce Attorney — Contact a divorce attorney to guide you through the legal process and protect your interests.

Additional Considerations for Divorcing an Addicted Spouse

Divorcing an addicted spouse is not just about the legalities. It requires a multifaceted approach to ensure immediate and long-term safety and stability for you and your children: 

• Impact on Children — Children are particularly vulnerable in families affected by substance abuse. It’s crucial to consider their emotional and psychological well-being. Consider age-appropriate counseling to help them cope with stress and trauma. Take steps to ensure stability in their lives, such as keeping them in the same school or sport. 
• Impact on You — Prioritize self-care practices that support your physical and mental health. Seek therapy or counseling to help you process the emotional toll of your spouse’s addiction, the divorce, and your new life circumstances.
• Impact on Future Plans — Consider consulting a financial advisor to help you prepare for your future without your spouse. If you were a stay-at-home spouse during the marriage, you could seek job training or additional education to improve your earning capacity. 

Talk to an Experienced Dallas Divorce Attorney

At Balekian Hayes, PLLC, we provide personalized legal services for your specific situation and goals. Our priority is ensuring you feel supported and informed throughout the process. Our experienced attorneys are ready to provide the legal support you need to achieve the best possible outcome for your case. 

Contact us now to schedule a consultation and discuss how we can assist you in divorcing an alcoholic or drug-addicted spouse in Dallas, Texas.