Divorce is always a difficult decision, one that has many far-reaching implications for a family. When substance abuse or alcoholism is involved, making the decision to divorce can be even more overwhelming. From our clients, we know the impact of addiction goes beyond one individual — it affects the marriage, children, finances, emotional well-being, and even long-term health and safety. These circumstances call for teaming up with an empathetic yet strategic Dallas divorce lawyer who comes equipped with both legal insight as well as trusted resources that help beyond the legal process, like mental health resources and trusted professionals to help your long-term well-being. So, what does that look like?
If you are considering divorcing a spouse who struggles with substance abuse, know that you are not alone. There are many resources available to help you on your path toward a brighter future. At Hargrave Family Law, we know that divorce doesn’t have to be yet another destructive battle you’re facing — even when addiction complicates the picture. Read on for some information we hope will be helpful.
How Substance Abuse Influences Divorce in Texas
Texas law recognizes that substance abuse can directly affect family stability and the health and welfare of children. Courts often weigh addiction heavily in decisions surrounding custody, visitation, and even property division. It is important to note that it may be necessary to accumulate additional documentation, information, and experts, as well as spend extra time in court to give an accurate representation of the turbulent family dynamics. However, there are options to minimize that as much as possible. We’d like to address the following primary areas:
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Child Custody and Safety
The Texas Family Code requires that custody decisions be made in the best interest of the child (Texas Family Code § 153.002). If the parties involved cannot agree on a long-term solution, the courts will make a decision as to what that means. If the court finds that a parent’s substance abuse poses a credible risk to a child’s physical or emotional health, the court may:
- Limit the number, frequency, and location of visitation (for example, requiring supervised visitation).
- Restrict overnight stays in the home of that parent.
- Order drug or alcohol testing in order to monitor substance abuse and the efforts of the parent to overcome it.
- Require treatment or counseling as part of visitation rights (i.e. if a parent tests positive, or refuses counseling, they may not be allowed visitation).
When a parent struggles with addiction, children can be greatly affected, potentially creating damage that extends for their lifetime. While Texas courts encourage both parents to be involved in a child’s life, this is true only when it is safe and appropriate for them to do so. If you believe your spouse’s involvement is causing harm to your children, here are some steps you can take to collect information for the court:
- Document any evidence of substance abuse (police reports, medical records, rehab admissions, financial records, photographs, drug testing, employment disciplinary actions, journals or diaries)
- Prioritize your child’s emotional health through ensuring they receive therapy and counseling or access to age-appropriate support groups.
- Provide stability for your children with familiar routines and activities, and ensure they know they will always be loved.
For additional support, you can also explore resources such as the Substance Abuse and Mental Health Services Administration (SAMHSA), Texas Health and Human Services Adult Substance Use Services, and CDC’s guide to Alcohol and Your Health.
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Property Division
Texas is a community property state, meaning the court presumes most assets acquired during the marriage are eligible to be equitably divided between two spouses. However, if it can be proven that addiction has caused financial waste, courts may consider this in property division, potentially awarding a disproportionate share to the non-abusing spouse as reparation. The courts will look at actions such as draining joint accounts, accumulating community debts, or selling of community assets to fund substance use. As mentioned above, documentation will be important, such as:
- Bank records showing multiple and frequent withdrawals of money
- Credit card records showing alcohol purchases and/or the frequenting of bars and restaurants without you
- Credit reports showing new accounts opened without your knowledge
- Appraisals of missing property (such as jewelry, guns, etc.)
- Deeds or purchase records showing co-ownership of community assets
Consistent monitoring of your credit report may help you discover new accounts and document the detrimental financial effects of wasteful spending on drugs and alcohol.
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Emotional and Financial Strain
Many people facing the divorce process have several main concerns and points of stress, from protecting their children and maintaining financial security to potentially having to re-enter the job force themselves. In a family encountering substance abuse, often there is also guilt over “abandoning” their spouse, which is also accompanied by the desire to ensure their loved one gets the help they need. Working with an experienced Dallas divorce lawyer, trusted mental health providers, financial planners, and addiction specialists will help you protect your rights while building a path forward in a way that aligns with your values. Taking time to take care of your emotional and mental health will allow you to be able to provide a stable and supportive environment for your children and help you plan for your financial future with clarity and focus.
Often, one spouse may need to consider the following to help ease the increased financial impact of life post-divorce:
- Update your resume if you will need to return to the workforce
- Consider taking additional courses or obtaining certifications to increase your earning potential
- Begin networking, letting people know you are open to opportunities
- Ask for a promotion in your current job to boost your earnings
Divorce can be an expensive process, with the length of time it takes, and its total cost are both dependent upon the level of conflict involved and the level of cooperation by both parties. It is helpful if you enter the process focused not on the painful past, but on the future you what to build for yourself and your children. Mindfully walking through the process in a way that aligns with your core values, and that allows your spouse dignity, can help you maintain an emotional balance. This will enhance your ability to minimize conflict, and thereby help minimize cost. Your attorney can help with creative legal solutions that fit your family, and by being intentional about where you direct your energy, you can also help reach resolution sooner, further reducing costs.
Collaborative Solutions, Litigation If Necessary
Not all divorces involving substance abuse must end in a bitter courtroom battle. Many Dallas metroplex families are able to ultimately resolve issues through Collaborative Divorce or mediation. These processes allow couples to create thoughtful custody and property arrangements while minimizing conflict in hopes of everyone moving forward with dignity in the future.
These solutions also afford the family privacy, a key consideration in divorces involving substance abuse. Collaborative Divorce is a process that takes place outside the courtroom, allowing the parties to work together, in collaboration with attorneys and professionals, to craft solutions that fit their unique family and situation. Mediations also take place in private. Both options let the parties make decisions that affect their future rather than turning that control over to a judge.
However, if your spouse refuses to cooperate in any way, will not agree to treatment, continues unsafe behavior, or places your children at risk, court intervention may be necessary. In those cases, your legal team will need to advocate strongly in court to protect what matters most — your children, your safety, and your peace. It should be noted that court hearings are open to the public, and documents filed in a divorce are public record. Having hearings exposes the family to not only public scrutiny, but increased costs and conflict. But if going to court is a necessary step to protect you and your children, ensure you have the right Dallas divorce attorney on your team.
Choosing the Right Attorney for Substance Abuse Divorce Cases
Divorcing a spouse with substance abuse issues involves more than just ending a marriage. It also involves protecting your family’s peace and safety and creating a stable foundation for your next chapter. These types of cases often involve:
- Complex custody arrangements, involving complicated requirements for visitation.
- Requests for supervised visitation, involving coordination with outside services and increased costs.
- Alcohol and drug testing, involving continued oversight and increased costs.
- Financial protection against wasted assets, involving monitoring financial accounts and credit reports.
- Emotional resilience as you move forward, often meaning you are the primary provider of stability for your children.
It is crucial that you enlist a trusted and skilled legal team to walk with you on this journey. Your attorney should be aligned with your core values and be able to help you find the additional resources you will need as you navigate the legal process and marshal the emotional stamina it will take. Look for a Dallas divorce attorney who listens to you, understands your goals, and provides options.
At Hargrave Family Law, we understand from our clients the significant emotional toll that addiction and substance abuse take on families. We work with clients across the Dallas metroplex to navigate these challenging divorces with compassion and care, empowering our clients with the information and resources they need to make informed decisions about their family’s future. Our legal team works with our clients to envision and rebuild a life built with clarity and hope, allowing them to be the author of their own next chapter.
Your Family Deserves Peace and Stability
Addiction is a disease that can destroy families. Being married to someone who suffers from substance abuse doesn’t mean you must remain in a broken marriage that compromises your or your children’s safety and wellbeing. Everyone deserves peace and a chance to reclaim joy in their life. If you are ready to take the next step, whether that is merely finding out about your options, or if you’re ready to begin the process, one of our compassionate Dallas divorce attorneys experienced with these issues can help you learn about the possibilities open to you, act to protect you and your children, advise you about your rights, and help you move forward with hope.
At Hargrave Family Law, we believe in helping good people divorce without unnecessary destruction — even when a family’s path is complicated by substance abuse.
Reach out to schedule your complimentary case evaluation today to take the first step toward peace, clarity, and joy.
Additional Resources:
• Guide to Texas Child Custody Evaluations (2024)
• How to Prepare for a Custody Hearing
• Co-parenting in High Conflict Cases
• Emergency Orders in Family Law: What You Need to Know
• Navigating Primary Custody in Texas
• What Happens to Child Custody if One Parent Moves Out of State?
• Collaborative Divorce Mental Health Guidance
• Moving On After Divorce
