Divorce due to substance abuse

Northern Virginia Family Law Attorney Focuses on Divorce Cases

Arlington, Virginia Divorce Attorney Concentrates on Substance Abuse Issues

Millions of people suffer from addiction to alcohol and drugs, and oftentimes, those who are battling addiction create serious problems in their own families that may lead to divorce.

All U.S. states currently allow spouses to file for divorce based upon no-fault grounds. Virginia is both a fault and a no-fault state, and several fault-based grounds are recognized, including:

  • Adultery
  • Sodomy
  • Buggery
  • Felony conviction
  • Cruelty
  • Apprehension of bodily hurt
  • Desertion
  • Abandonment

Although substance abuse is not recognized as a fault ground for divorce in Virginia, it may lead to other recognized fault grounds. For example, the presence of substance abuse may lead to domestic violence, which would fall under the cruelty and apprehension of bodily hurt grounds.

Substance abuse may also be an issue when spousal support or child custody is being sought, or may be a factor in determining how marital property will be divided.

Substance Abuse and Child Custody

Virginia courts will likely consider any evidence of substance abuse that is presented in a child custody case, and question the ability of each parent to adequately provide for the child. Awarding primary physical custody to a person with a substance abuse problem is definitely not in a child’s best interest, particularly if the problem is severe.

Contact an Experienced Virginia Family Law Attorney Today

Claudia Zucker has nearly 25 years of experience in dealing with Virginia divorce issues and will work hard to help you obtain the best results possible. Contact the Law Offices of Claudia Zucker online or call (703) 596-1005 to schedule your initial consultation today.