An addiction to drugs or alcohol is capable of destroying a marriage. While many New Jersey divorces are granted on a no-fault basis, spouses are still permitted to dissolve their legal union by demonstrating that their partner has had a problem with drinking or a controlled substance for at least 12 months. However, even if your spouse is engaging in substance abuse, there might be reasons why you opt not to seek a divorce based on this fault ground. As with other aspects of the marriage dissolution process, it is wise to gain a thorough understanding of the relevant law and potential consequences before deciding which path to take.

Under New Jersey’s hybrid divorce system, traditional fault grounds include habitual drunkenness and voluntarily induced drug addiction or habituation. There are several considerations you should take into account if you are mulling over using substance abuse as grounds for ending your marriage, such as:

• Proving the case — Getting a divorce order on the ground that your spouse has a substance problem can be useful in securing favorable terms on parenting and financial arrangements. However, you should be prepared to provide substantive evidence of your spouse’s addiction and how it has affected your home for at least one year. This can be a contentious process, so some individuals opt for a no-fault divorce even if their partner is an alcoholic or habitual drug user. 
• Child custody arrangements — A drug or alcohol habit shouldn’t change how much someone loves their child. Likewise, young people usually benefit from a strong relationship with each parent, even if that parent is dealing with addiction. If your divorce is granted due to substance abuse, this likely will affect custody and visitation arrangements. Visitation with a parent who is an alcoholic or frequent drug user might have to be supervised, or in extreme cases, denied. Parents whose functioning and decision-making might be impaired by their addiction could also lose legal custody, meaning that they have no right to contribute to important choices about their child’s upbringing.
• Property division — If spouses cannot come to an agreement on how marital assets and debt should be divided, the judge will render a decision based on New Jersey’s equitable distribution standard, meaning he or she will decide what is a fair division based on a list of statutory factors as well as any other relevant information. Though marital misconduct, including substance abuse, is not a named factor, the judge’s decision might reflect the fact that one party squandered significant marital funds to indulge their addiction.  

When you speak with a qualified New Jersey divorce lawyer, you can gain an informed perspective about how filing for divorce on the basis of your spouse’s substance abuse might affect your case.

Martone Law Group, LLC in Haddon Heights provides comprehensive divorce representation to clients in Camden, Burlington, Gloucester and Atlantic counties. Call 856-432-4587 or contact us online for a consultation with an experienced New Jersey family lawyer.