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Writer's picturethelila500
Mar 25, 20233 min read

How To File Divorce Case Against Alcoholic Spouse ?

Alcoholism is an issue when a person becomes overly dependent on alcohol, engages in compulsive drinking, or both. A modest drinking problem to a chronic alcoholic with serious alcohol troubles is on a spectrum of disorders that specialists now recognize as alcoholism.


And whether moderate or severe, it can be challenging for families and relationships. Many persons who battle chronic drinking also suffer from untreated mental illnesses.


They could experience job loss, money issues, and legal issues and might have destroyed certain networks and personal connections by burning some bridges. Alcoholism can also result in a spouse or child being physically or emotionally abused.

What Effect Does Alcohol Have on Divorce?


If you are even considering getting a divorce from an alcoholic, you might be concerned about how drinking will impact the process. It depends, is the response. Each divorce is unique. Also, every marriage is in a different scenario.


Alcoholism can, however, generally make divorce more painful and challenging in some respects.

  • Unpredictable Actions from a Spouse who is Alcoholic- Alcoholism is accompanied by erratic conduct. Being with or living with someone who is like this can be challenging, let alone attempting to reach a divorce agreement, financial arrangement, custodial arrangement, or parenting plan. Furthermore, alcohol addicts may find it difficult to follow through on a strategy. Therefore, one must always have different strategies as well.

  • Communication and Alcohol Abuse- Couples who are alcoholics may find it difficult to communicate. Conflict resolution can be challenging when there is poor communication. Furthermore, unresolved disputes might cause divorce proceedings to stretch out and get more difficult at every stage. Also, it makes it more difficult for everyone to find them while they're sober.

  • Addiction to Alcohol and Domestic Violence- Alcoholism and domestic abuse make unusual bedfellows. To protect yourself and your children, you might need to file for exclusive custody of the children during your divorce, obtain a restraining order or other protective order, or take other legal steps if you face domestic violence in your marriage.

Legal Documents Required to Prove Alcoholism


If you're considering leaving your spouse with a drinking or drug problem, this is a crucial factor to take into account during the divorce proceedings in any family court. Notwithstanding the fact that state laws differ, the following are generally essential for documentation-

  • Dates and locations of your spouse's alcohol abuse, if witnesses were present. Any messages or emails in which your husband mentions or admits to consuming alcohol excessively

  • Drunk driving incidents, including those who were in the car and who witnessed him prior to and afterward

  • Any witnesses of on-going or frequent abuse should either provide a witness statement later on or be recommended to a court-appointed evaluator so they can talk with them

  • Admissions to the hospital's emergency room and any related medical care. Save any medical records or visit summaries

  • Any evidence of a criminal history

  • Getting the invoices of the visits to rehabilitation centres or other types of addiction therapy

  • Any evidence of mental health conditions

Your ability to demonstrate alcoholism or drug misuse may positively impact child support, marital relationships (in either way), and the decisions made by a child custody evaluator, depending on your state.


How Alcoholism can Affect Child Custody Decisions during Divorce?


The family court may alter your alcoholic spouse's custody and visitation arrangements in a number of different ways if you can demonstrate drug or alcohol addiction-

  • It may be necessary for your alcoholic partner to refrain from drinking prior to and during visitation. It entails abstinence from alcohol

  • To help enforce these requirements, such as sobriety, the court could ban overnight visits or permit only supervised visits

  • It could be necessary for the alcoholic parent to live apart from the children.

  • Only phone calls may be allowed during visitation. Being on the phone with a drunk or high parent is horrible. Therefore, it's best for your child (especially if they're young) if you screen those calls.

You will need a lawyer to help you avoid putting yourself or your child in such a dangerous situation. If you need the help of a lawyer to divorce your alcoholic spouse in Noida, then a Divorce Lawyer In Noida can be hired, and if you need the help of a lawyer to divorce your alcoholic spouse in Kolkata,


Then a Divorce Lawyer In Kolkata. Similarly, a Divorce Lawyer In Mumbai can be employed if you need the help of a lawyer to divorce your alcoholic spouse in Mumbai.

At Lead India, you can talk to a lawyer. You can obtain free legal advice as well as ask a legal question online for free to lawyers at Lead India.


Visit us: — https://www.leadindia.law

Call Us: +91–8800788535


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