The Impact of Drug Use on Divorce

The number of issues that can potentially end a marriage are wide and vast, but one issue is particularly known to wreak havoc on all relationships – drug and alcohol abuse. Individuals caught in the cycle of addiction can pose a safety risk to the other spouse and their children, as well as jeopardize finances. Getting out of these marriages and seeking divorce is rarely easy, but unfortunately, often necessary. While these issues are certainly private matters that one tends to keep quiet, the presence of substance abuse does have a real impact on the outcome of a divorce, especially if children are involved. Breaking off all communication and relations with individuals with substance abuse problems is ideal, but not always possible or practical. One of President Trump’s advisors, Steve Bannon, has an ex-wife with alcohol and drug issues, and despite her problems he has continued to provide financial and emotional support as she struggles to recover. This news report illustrates that addiction issues reach into all spheres of power and wealth, and needs to be understood in the context of divorce.

Property Division

Marital property is divided in divorce based on the concept of equitable distribution. Equitable distribution, under Florida law, starts from the premise that all marital property should be distributed equally. However, a court will deviate from that standard, if there is justification, in order to arrive at an arrangement that is most fair based on circumstances of the parties. One factor that can persuade a court to award an unequal division of assets is if one spouse intentionally wasted marital property. Drug and alcohol abusers will invariably spend more than they can afford to feed their addiction, which results in the taking of financial resources away from the rest of the family. A court will specifically look at a spouse’s use of marital property in the two years preceding the filing of the divorce petition and while the divorce case is pending. If there is evidence of a spouse deliberately using money and property to acquire drugs or alcohol, the judge is likely to give the other spouse a greater share of the remaining assets.

Child Custody

Substance abuse has an even bigger impact on child custody decisions. The law in Florida gives a preference to shared parental responsibility, but the arrangement must first and foremost be in the best interests of the child. Specifically, if the court finds evidence that a shared parental responsibility would be detrimental to the child, the judge has discretion to award the other parent sole custody. Alternatively, the court could limit the frequency and type of visitation the parent with substance abuse problems has, such as by ordering supervised visitation. The court must analyze a long list of factors to decide what is in the child’s best interests, and evidence of substance abuse would certainly get the court’s attention. Basically, a judge is looking for any pattern of behavior that could pose a harm to the child’s mental and physical health, and potential exposure to drug use and/or a parent that would put getting drugs or alcohol before the child’s needs is problematic.

One final point worth noting is that, unlike criminal trials, a judge in a civil case can take a party’s silence as guilt. This point is important in substance abuse cases since these individuals have a tendency to deny the existence of or responsibility for the problem. Thus, if a spouse accuses the other of a cocaine habit, and the accused party refuses to confirm or deny or submit drug testing results, the judge can take this behavior as affirmation of the party’s drug problem.

Contact a Divorce Lawyer

Navigating divorce with a spouse who is addicted to alcohol or drugs is bound to present challenges. Having an experienced divorce attorney on your side, like those at Tampa Bay’s All Family Law Group, P.A., will alleviate some of the stress associated with this process. Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+

Pregnancy and Divorce

When couples find out the woman is pregnant, there is typically cause for celebration and greater intimacy in the relationship. However, this news is not always a good thing. Couples who are struggling with relationship issues may find a pregnancy pushes them farther apart, and becomes the catalyst for divorce. The combined emotions of pregnancy and divorce is a lot for any woman to process, and making the right decisions for herself and the new child may not be easily discerned. Further, adding an unborn child into the divorce process creates additional legal considerations that need to be addressed. These extra concerns revolve around the particular needs of newborn children that impact issues such as parenting plans, medical costs and alimony. Balancing the needs of the child and interests of both parents can be tricky during the first stages of a child’s life. A discussion of the legal aspects, as well as the practical matters, of navigating divorce during this time of great change will follow below.

Parenting Time

To the extent possible, courts look to grant shared parental responsibility in child custody matters, and to give each parent “frequent and continuing” contact with a child to promote healthy parent/child relationships. Parenting plans lay out the responsibilities each parent has for the child, and most importantly, include a time-sharing schedule to establish how often the child will stay with each parent. Newborns present challenges to organizing a parenting plan that is fair to the father, but also workable for the mother and infant. Newborns require constant care that depends considerably on the presence of the mother, especially if she is breast feeding the infant. While carving out bonding time for the father is important, in the first months of a child’s life overnight stays may not be possible. This means, for all intents and purposes, usually the mother has sole physical custody during this period of time. Instead, both parents should be flexible, and try to work in a few hours every week for the father to visit with the child. Once the child is no longer dependent on breast milk, overnight stays can and should be integrated into the time-sharing schedule.

Health Care

Pregnancy and childbirth are well-known to bring a large amount of additional medical costs that can easily run into the thousands of dollars. Generally, spouses are not required to cover the health care costs of the other following divorce. However, in the case of pregnancy the court may order the husband to contribute toward the costs of the mother’s health care until the child is born. If the woman receives health insurance through her husband’s employer, she would be able to continue on the same plan under COBRA after divorce, which would allow her to keep the same doctors, a priority for most during pregnancy. In this situation, the husband could be ordered to pay at least part of the monthly premium, which is typically substantially more than the employer-subsidized monthly cost.

Alimony

Alimony is generally awarded on a temporary basis until a party becomes financially independent, and if a woman chose to stay home with the baby for the first few months, courts would likely be amenable to ordering some amount of alimony if the other party is able to pay. However, extended periods of absence from work, especially if the woman was employed before pregnancy, could face increased scrutiny from a court about how long alimony should last.

Consult a Divorce Attorney

Most people facing divorce have to juggle the emotional and practical changes that come with the end of a marriage. Adding a pregnancy to this burden is a lot for anyone to handle. A divorce attorney, like those at All Family Law Group, P.A., can take some the of stress away, and help make decisions that best for you and your family. All Family Law Group, P.A. represents clients in the Tampa Bay area, and can help you move forward.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+

Child Custody Decision Guidelines in Florida

Parents contemplating divorce often have a much more difficult time deciding whether to end the marriage. Divorce greatly affects children, and is known to leave a negative stamp on a child’s development. Certainly, couples in unhealthy relationships should part because staying together is also damaging to a child, but divorces involving children are naturally more complicated. Figuring out how to divide childcare and decision-making responsibilities frequently leads to conflict as each parent fights to ensure they maintain a strong presence in their child’s life. Parents ideally negotiate their own child custody arrangement, often with the assistance of a divorce attorney, but in high-conflict divorces, the court is typically tasked with making this decision. Giving this much power to the judge may seem frightening. A group of women in Palm Beach County founded an organization in 2003, Families Against Court Travesties (FACTS), dedicated to scrutinizing the family court system after encountering judges who seemed to favor one party in high-conflict child custody cases. Understanding the guidelines judges must follow in child custody decisions will help divorcing parents move through the process with less stress and anxiety.

Parenting Plans

Florida law requires all divorce cases involving minor children to include a parenting plan, which governs how the parents will split responsibilities for the children going forward. Many divorcing couples formulate their own parenting plans since they can cater to the unique needs of their families, but the court must still approve the terms. All parenting plans must do all of the following:

• describe with sufficient detail how the parents plan to share the daily tasks of raising a child;
• specify how much time the child will spend with each parent;
• indicate who will be responsible for decisions related to health care, education, and other activities; and
• describe how the parents plan to communicate with the child.

If the judge must create the parenting plan, the court starts from the premise that both parents will share responsibility, and will only deviate from this standard if following it would be detrimental to the child. Evidence of domestic violence or convictions for other violent offenses are examples of issues that would be detrimental to the child, and cause a judge to consider awarding all parenting responsibilities to one party. The court will give considerable weight to the wishes of the parties, but the one principle that drives all child custody decisions is the best interests of the child.

Best Interests of the Child

In order to ascertain what is in the best interests of the child, the court takes into account a number of factors. These factors help the court to evaluate the needs and circumstances of a particular child and family. Some of these factors are:

• the ability of each parent to support a close relationship between the child and the other parent;
• how often a parent would delegate parental responsibilities to a third party;
• the ability of each parent to put the needs of the child first;
• the geographic viability of the parenting plan, especially for school-age children;
• the mental and physical health of the parents;
• the ability of each parent to provide a consistent routine for the child;
• the ability of the parents to communicate with each other on child-related issues and adopt a united front on important issues; and
• the ability of each parent to meet the child’s needs.

Consult a Florida Family Law Attorney

If you are getting divorced or have questions about child custody issues, it is best to speak with an experienced family law attorney to ensure you receive accurate information on such an important matter. The Tampa Bay law firm, All Family Group, P.A., will conduct a thorough analysis to determine what the best arrangement is for you and your family.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+