When drug charges and divorce collide, the result can be messy. Perhaps your drug addiction is one of the reasons your marriage is falling apart. Maybe your spouse told the court about your substance abuse during the divorce proceedings and now you are facing a potential conviction during your divorce.
Your drug problem may directly impact the outcome of your divorce proceedings. Here is how your drug abuse may influence custody, alimony and property division:
The most important thing to the family court is figuring out what is best for your child. If you are dealing with drug charges, the family court will heavily consider that when determining custody arrangements. It is likely that the court may deny you sole or joint custody if you have an ongoing drug abuse issue. However, you may still be able to see your children.
Although drug charges may make your custody prospects look dismal, it is certainly possible to get visitation. The court may grant you visitation under certain conditions, such as being supervised by a professional or ordering you to take drug tests.
Your drug problem may take a toll on your spouse. If marital finances suffered because of your addiction, the court may make you responsible for spousal support payments.
If your substance abuse impacted the marital estate, the court may want to give more of your property to your spouse. Property division may be a way for you to reimburse your spouse for the financial damage you caused during the marriage.
You may face an uphill battle during the divorce process if you are simultaneously facing criminal charges. It may feel like your spouse has the upper hand, but it is important for you to fight for your own interests. You need a lot of patience and strength to survive a divorce while recovering from drug addiction.