Two Ways Addiction Issues Can Affect a Divorce in Illinois

 Posted on March 06, 2024 in Divorce

 Addiction is a complex issue that can have significant implications for divorce cases in Illinois. When one or both spouses struggle with addiction, the implications for the divorce process can result in very real consequences for important issues like child custody. If addictive behaviors are present in your marriage and you are seeking a divorce, contact a skilled Arlington Heights attorney to ensure your rights are adequately protected.

Does Addiction Have an Impact on Child Custody and Visitation?

One of the most significant ways addiction can impact a divorce is through child custody and visitation rights, known respectively as parental responsibilities and parenting time in Illinois. Illinois Judges care first and foremost about the well-being of children involved in divorce cases, and addictive behaviors can certainly make a parent unable to provide for their children’s well-being.

As a result, Courts may have serious doubts about whether a parent suffering from addiction issues can provide a safe and stable environment for a child. In some cases, the Court may even make moves to limit or revoke the addicted parent’s custody and visitation rights in an effort to safeguard the child’s well-being.

This is upsetting for parents, especially for a parent already dealing with other problems addiction can cause. If you fear you may lose custody of your children because of your behavior due to addiction, a lawyer can help you build a strong case to fight for your parental rights in Court.

Does Addiction Impact the Division of Assets and Debts in a Divorce? 

Addiction and the destructive behaviors that often accompany it can have major implications for the division of assets and debts in an Illinois divorce. In many cases, addiction can manifest as financial carelessness, such as compulsively overspending, accumulating large amounts of debt, or even engaging in illegal activities.

Since Illinois splits property equitably, factors such as each spouse’s contribution to the marriage and his or her financial needs will be considered when splitting marital property and debts. The addicted spouse’s behavior and the financial implications of that behavior can be considered by the Court when determining how assets and debts are to be divided.

If the financial recklessness of an addicted spouse is serious enough, the spouse who has been victimized by this behavior may be able to claim marital assets have been dissipated, or wasted. If the addicted spouse can be shown to have wasted marital assets, he may be required to compensate his spouse out of his share of the marital property.

Contact Our Mt. Prospect, IL Divorce Attorney

Obtaining legal representation is crucial in any Illinois divorce, especially when addiction issues are present. Contact the highly respected Barrington, IL divorce lawyer with The Law Office of Nicholas W. Richardson, P.C. to ensure your rights are protected. Call 847.873.6741 for a free consultation.