Handling Substance Abuse In Your Divorce

Most people, not being able to handle a stressful situation, look for ways to forget about the things that have been troubling them. This usually leads them to alcohol and drugs which, despite being only a temporary refuge, cause them enough relief for a few moments to want to try them again and again. Before they’re even aware of it, they’re addicted to the feelings of relaxation that these things can bring. Thus starts a downward spiral towards alcohol and substance abuse and further depression.

Dealing with the pressure

Divorce – being one of the most stressful things that can happen to anyone in life – often leads to alcoholism. Change is never easy, but when it comes to ending a relationship, even after having taken vows to remain by each others’ sides forever, the pressure is too much for most people to handle. Marriages that lasted for many years, with children being a part of the equation, are decidedly more difficult to break off. In a lot of cases, the person involved has been exhibiting a trend of resorting to drugs or alcohol, even before things went downhill in his or her marriage. The condition of these people is likely to deteriorate even faster, as compared to someone who doesn’t have a prior history. It can lead to violence, and more often than not, it affects a lot of other people other than the ones involved directly.

Prior to an intervention

Before an intervention, consultations should be made with a substance abuse specialist in order to find out whether it is even necessary. Depending on the extent of abuse, lawyers should be contacted, in order to discuss any legal options. Weather it is about the person’s own drug issues or for his/her spouse, a lawyer may be able to suggest specialized treatment programs that are handled by courts. If treatment is being offered to the spouse, then an emergency hearing to talk about assets and child custody might have to be requested.

In order to request for drug tests, evidence of the spouse’s health condition will need to be presented to the court. Sometimes, the person requesting for the drug test may have to go through one as well, and also pay for both the tests. The policies may vary in different states, therefore it is always advisable to discuss with a lawyer and be completely aware of them before trying to present a case.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.