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Orange County Lawyers For Drug And Alcohol Abuse In A California Divorce

When substance abuse affects your family, you may wonder if it is grounds for divorce. California follows “no-fault” divorce laws, so substance abuse is not legal grounds for divorce. However, it can significantly impact divorce proceedings, especially regarding children and financial support.

Over 50 years of combined experience of Maggio Law as Orange County family law attorneys help us offer reliable, compassionate representation for substance abuse-related divorces. As such, we have what it takes to protect your legal rights and future amidst these challenges.

Can You Get A Divorce In Orange County If Your Spouse Has Drug Or Alcohol Problems?

Yes, you can seek a divorce if your spouse struggles with drug or alcohol abuse. While California does not require you to prove fault, the presence of substance abuse can influence the court’s decisions on child custody, spousal support and property division.

How Can You Prove Drug Or Alcohol Abuse In Family Court?

Proving substance abuse in family court requires concrete evidence. Some effective methods include:

  • Drug test results
  • Police reports or DUI records
  • Medical records showing substance abuse treatment
  • Witness testimonies from friends, family or neighbors
  • Financial records showing excessive spending on alcohol or drugs

We can help you gather this evidence to strengthen your case and protect your family.

Can Past Drug Or Alcohol Abuse Affect Child Custody?

Yes, past or ongoing substance abuse can influence child custody decisions. The court’s priority is the well-being of your children, and if it believes your spouse’s addiction poses a risk to their safety, it may restrict their custody or visitation rights. The court may order supervised visitation or require substance testing before allowing unsupervised visits. If your spouse shows they are in recovery, the court may reevaluate the situation over time.

How Can Substance Abuse Affect Spousal Support?

If your spouse’s addiction caused financial instability or significant debts, the court could consider this when determining alimony. However, if your spouse’s substance abuse was a contributing factor to the end of the marriage, the court might reduce or deny their support claims entirely.

Let Us Help You

Contact the Irvine office of Maggio Law at 949-227-3001 or online for a confidential consultation for skilled, compassionate representation in your divorce case involving substance abuse. We serve families throughout Southern California.