Drug addiction poses significant challenges in all aspects of life, and the process of divorce is no exception. In Wisconsin, a spouse’s drug addiction can have profound effects on how a divorce unfolds.
In Wisconsin, the courts view divorce proceedings through the lens of “the best interests of the child” and equitable distribution of marital assets. A spouse’s drug addiction can affect these determinations in several ways.
Effect on child custody and visitation rights
The primary consideration in any child custody decision is the welfare of the child. If one spouse has a drug addiction, it can significantly affect their ability to gain custody or visitation rights. Courts will look closely at the addicted parent’s ability to provide a stable, safe environment for the child.
Influence on asset division
Wisconsin follows the principle of “community property” in divorce, meaning the court generally divides marital property equally. However, if a spouse has depleted marital assets due to a drug addiction, the court may take this into consideration during property division.
Impact on alimony
Alimony, also known as spousal maintenance, is another aspect of divorce that drug addiction can influence. If the addicted spouse has lost employment or otherwise damaged their earning capacity due to their addiction, it may impact decisions about alimony.
Need for proof and documentation
To consider a spouse’s drug addiction in a divorce proceeding, it must be properly documented and proven. Documentation may include medical records, criminal records or testimony from witnesses who can attest to the addiction. This proof is crucial in ensuring the court considers the addiction’s impact on the divorce.
Drug addiction can significantly impact the proceedings and outcomes of divorce in Wisconsin. Therefore, understanding how a spouse’s drug addiction can affect a divorce can help those involved navigate this difficult situation more effectively. Those dealing with this situation should carefully document the addiction and its impacts to ensure that the court considers this critical factor.