If you are married to an addict, you are already familiar with how difficult life can be and how you can be directly and indirectly impacted. In many cases, these situations end up in divorce. Some people assume that getting a divorce from an addict will be a simple and straightforward process, but it can be complicated and emotionally draining.

Depending on your particular situation, there may be some steps you can take before filing for divorce right away. Threatening divorce is not necessarily enough to get an addict to work on stopping his or her addiction. Have you sought professional assistance in trying to get your loved one back on track? If there are other reasons for the marriage breaking down, then even professional assistance related to the addiction is not going to keep you from divorce.

Before you make any permanent decisions, it is best to speak with a knowledgeable Waldorf family law attorney who can offer some guidance on what legal options you have. For some couples, divorce may be the best option, while others may find that separating for a time is a better alternative.

Does Maryland Recognize Legal Separation?

If you are considering a separation instead of divorce for the time being, it is important to note that Maryland does not recognize legal separation. If you and your spouse do choose to live separately with the intention of ending the marriage — and you do not engage in sexual relations with each other during that time — it can meet the requirements for divorce based on a 12-month separation, or a no-fault divorce.

Understanding How Addiction Impacts Divorce in Maryland

If you do not go for the option for no-fault divorce, Maryland recognizes certain grounds for an absolute divorce. However, it does not mean that an addiction will necessarily qualify. Some grounds include adultery, criminal conviction, insanity, desertion for a year or longer, and cruelty or excessively harsh conduct. The best option might be to pursue a divorce based on a 12-month separation. This is why it is so important to speak with a skilled Charles County divorce attorney.

Do you have children? Addiction can impact custody, as well. The court will take a harder look at what is best for your children if there are allegations of drug addiction or alcohol abuse. If your spouse shows there is a current or past addiction problem, it most likely will affect the court’s decision on who gets custody.

The court may consider alternative arrangements depending on the individual circumstances. The parent with an addiction problem may only be allowed to see the children when he or she is sober. This parent may only be allowed supervised visitation. The court may also require the parent to submit to random alcohol and drug tests and may require him or her to seek assistance at a rehabilitation facility. In extreme cases, the court may cut off all parental rights.

Addiction can also impact spousal support and property division. If the spouse with an addiction problem has used marital accounts to fund the addiction, the court may opt to penalize him or her in the property division decision. The same can happen with alimony. However, the court may award the addicted spouse more support if their addiction is related to a health condition, like mental health diseases. The court may require additional funds to help with treatment during and after the divorce.

Contact a Waldorf Family Law Attorney

If you have a spouse that has an addiction problem, and you are contemplating divorce, contact the Law Office of Robert R. Castro today at 301-870-1200 to schedule an initial consultation.