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Questions about Divorce and Alcoholism Laws

Alcoholism is a disease that can lead not only to health problems but also to family and legal issues as well. Marriages and parent/child relationships may suffer as a result of the disease, leading to divorce and custody issues. If you have legal questions related to alcoholism, contact the Lawyers on JustAnswer. Here are some frequently asked questions about alcoholism and the law.

Can alcoholism lead to divorce?

Alcoholism is one of the leading causes of divorce. If your spouse is struggling with an alcohol problem and you are worried about your and/or your family’s wellbeing and wish to file for divorce, you can get a separation agreement. A separation agreement is a legally binding agreement between you and your spouse that covers the period of time from when you separate until the time that the divorce is made final. To be valid, a separation agreement must be in writing and signed by both parties.

You can also speak to a local family law attorney about your intentions, concerns and options. Here are some links to help you find a lawyer in your area:

What if one alcoholic spouse abandons the other?

If an alcoholic spouse abandons the other financially and emotionally, the latter may seek a decree that will provide him/her with future earnings of the alcoholic spouse. In the absence of divorce proceedings, or a separation where both parties are actually living separate and apart, the court will not step in as there is no provision in the law to compel a husband to support his wife or vice versa.

How does alcoholism and affect child custody?

When one spouse suffers from alcoholism, the other’s decision to separate is sometimes a necessity for the benefit and safety of the children. Both parents may be anxious about child custody.

While a separation agreement is a document that provides the terms of a couple’s separation, it generally also resolves issues relating to child custody, child support, division of property and alimony.

An immediate, short-term solution would be to file a petition for dissolution along with a motion for temporary custody of the child/children.

In case of a separation and in the absence of a custody order, both parents have equal rights, including the right to relocate or travel with the child/children as he or she sees fit.

Different states have different child custody laws. Some states restrict child custody or visitation awards to a parent on the grounds of a history of drug and alcohol abuse.

Are there any laws related to alcoholism?

There are several rules and regulations pertaining to alcohol and alcoholism across the United States. Whether it involves the legal age for alcohol consumption or when and where alcohol may be sold, it is important to understand the law where you live. The consequences of violating these laws may range from paying a fine to being arrested for a specific period of time.

For example, the recognized legal age to start drinking in the United States is 21. Learn more about alcoholism and related legal issues. If you have questions or concerns related to alcoholism and the law, the Experts on JustAnswer will address your queries quickly and to your satisfaction at a nominal fee.
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