Many people may avoid the topic of mental health and substance abuse because it can be an uncomfortable idea that may bring up unpleasant memories or fears. However, mental health and substance abuse can play a significant role in divorce, so breaking the stigma around them may help clarify how they would impact a divorce case.
In Arizona, mental health and substance abuse are not necessarily required as grounds for divorce, as Arizona is a no-fault divorce state with only a handful of exceptions. However, these issues could deeply impact how a divorce case proceeds in court.
An experienced Arizona family lawyer from Sullivan Shick may be able to clarify the effect substance abuse or mental health issues could have on a divorce. Call our Mesa location (480) 605-4880 or our Glendale location (623) 915-0944 to schedule an initial consultation for more information.
Impact of Mental Health and Substance Abuse on Marriage
Many people in America struggle with mental health issues or substance use disorders (SUDs), and these conditions can often have dramatic impacts on their relationships. Naturally, as a spousal relationship is one of the most intimate relationships of all, marriages can often be harmed by a substance use disorder or struggles with mental health. Additionally, other family relationships such as children are also generally affected by these disorders.
Financial Issues
One of the more prominent and obvious impacts of mental health and substance abuse on a marital relationship is finances. In the case of substance abuse, the effects of drugs and alcohol may often lead to erratic behavior that could damage employment prospects. Missing work or losing a job because of substance abuse can be a contributing factor to divorce. Additionally, many drugs and alcohol are quite expensive, which can contribute to financial strain. Similarly, debilitating mental health issues could also lead to similar financial struggles.
Unmet Emotional Needs
Drugs and alcohol often impair an individual’s emotional capacity and may lead to changes in mood and emotional unavailability. In a marriage relationship, open lines of communication, mutual respect, and emotional connection are often hallmarks of a healthy relationship. When these are disrupted by mental health issues and substance abuse, it can lead to feelings of betrayal or abandonment. If left unresolved, these frustrations may only grow worse with time.
Family Instability
If a spouse, due to mental health issues or substance use disorder, is no longer reliable to support and bring their family together, it may lead to instability and uncertainty. Specifically for children, drug or alcohol addictions can significantly harm the safety they feel in the home, especially if substance abuse leads to physical or emotional abuse. Mental health issues may also lead to a parent being unable or unwilling to show up to support their children or their spouse.
Getting Help for a Spouse
One of the most difficult challenges of pursuing a divorce when mental health and substance abuse are involved is understanding how to balance protecting oneself and potential minor children and getting help for a spouse. Some may feel like they must help and protect their spouse who is struggling with mental health issues or substance use disorder, but many forget that resources and trained professionals are available to help these individuals.
Resources such as SAMHSA’s National Helpline may be able to provide some assistance. However, in some cases, an addict is unwilling to receive help. Sometimes, protecting the individual takes precedence over trying to help someone who refuses treatment. Divorce can occasionally be a safer option if a relationship is actively destructive.
For more information on how to pursue a divorce with a spouse struggling with addiction or mental health, consider speaking with a skilled family law attorney from Sullivan Shick.
Effect of Mental Health and Substance Abuse on Divorce
While the effects of mental health and substance abuse on marriage are often obvious and emotionally painful, there are also many subtler effects that the issue has on divorce. Certain legal nuances may arise when pursuing a divorce with someone struggling with mental health issues or substance use disorder.
Grounds for Divorce
Arizona is a no-fault divorce state, which means that a couple does not necessarily need certain grounds in order to pursue a divorce. However, individuals are allowed to provide grounds for divorce, which may influence the proceedings and outcomes. Notably, Arizona also offers fault divorces alongside no fault divorces.
Substance or alcohol abuse may constitute one of those grounds, and could potentially change the nature of the divorce case. Pursuing a fault divorce may require the petitioner to provide proof of the negative impact of the other spouse’s mental health and substance abuse.
Alimony and Child Support
Mental health and substance abuse do not necessarily exempt a spouse from alimony or child support payments. If the spouse suffering from substance use disorder or mental health issues qualifies for disability benefits, they may be exempted from alimony payments. However, this is not always the case. When it comes to child support, courts advocate for the well-being of the child primarily.
Child Custody
Courts prioritize the welfare of minor children in divorce and custody cases, due to their inability to advocate for themselves. Mental health or substance abuse issues could sway the courts toward granting custody rights and greater responsibility to the parent who is not struggling with these issues, to protect the child from the negative effects.
Frequently Asked Questions
Listed below are several frequently asked questions regarding mental health and substance abuse in divorce.
Will Mental Health Issues Prevent a Parent From Taking Custody?
Substance abuse and mental health issues may lead to an unstable home environment that is not conducive to a child’s welfare. While these issues may not disqualify a parent from taking custody, they are often factored into the court’s custody decision.
Is Co-Parenting Possible When Substance Abuse is Involved?
Co-parenting may be possible when substance abuse is involved, but it often depends on the addicted spouse’s willingness to receive treatment and the severity of the addiction.
Contact an Arizona Family Law Attorney Today
Mental health and substance abuse in Arizona can significantly impact both marital relationships and divorce cases. The emotional trials and legal implications of these issues are not to be taken lightly. Understanding how to address substance abuse and mental health with sensitivity and honesty can help individuals navigate this landscape with more confidence. For more information on how mental health and substance abuse can affect divorce, consider speaking with a skilled Arizona family law attorney from Sullivan Shick. Schedule a consultation today by calling our Mesa location (480) 605-4880 or our Glendale location (623) 915-0944.