Numerous personal factors can potentially complicate an upcoming California divorce. In some cases, divorces occur in no small part due to the misconduct of one spouse. In such scenarios, people often have questions about how inappropriate behavior could influence the outcome of divorce proceedings.
Substance abuse affects tens of thousands of families across California. Many people struggle with inappropriate behavior regarding alcohol. Others may have substance abuse challenges related to controlled substances and prohibited drugs. When one spouse decides to divorce because the other has a substance abuse disorder, they may expect the courts to provide them with a degree of protection or relief, depending on the circumstances.
How can substance abuse potentially affect the outcome of California divorce proceedings?
Addiction can affect parenting
Provided that the sober spouse has evidence of problematic substance abuse behavior on the part of the other spouse, they can ask the courts to limit the parenting time and authority designated to the spouse with the substance abuse disorder.
Addicted parents can be volatile. They may lash out at children while under the influence or withdrawing from substances. They can also struggle to be present for their children and may become negligent in their care, which can be particularly dangerous when the children are young.
So long as there is verifiable proof of a substance abuse issue or an admission from the addicted parent, judges may factor a history of substance abuse into their determination of what might be in the best interests of the children when dividing parental rights and responsibilities.
Substance abuse can lead to dissipation
Typically, judges do not consider misconduct when applying the California community property statute to marital assets. However, there are some types of bad behavior that can influence property division decisions.
Wasteful use of marital income, including the sale or destruction of marital property to feed an addiction, can influence how a judge handles the marital estate. So long as there are clear records of one spouse accruing debt, selling off marital property or wasting marital income for a purpose that undermines the marital relationship, it may be possible to have a judge consider the economic impact of addiction when dividing marital property.
People preparing for a divorce involving complicating factors often need help understanding the law and their rights. Choosing to divorce an addict can be difficult but may ultimately be beneficial for a sober spouse and any children they share with an individual who has a substance abuse disorder.