Proving substance abuse in a divorce case is crucial for ensuring the safety and well-being of any children involved and can also influence the court’s decisions regarding financial settlements and custody rights.

Divorce is never an easy process, and it becomes even more complex when issues of alcoholism or substance abuse are involved. These issues can significantly impact custody arrangements, property division, and spousal support.   Whether you’re just thinking about divorce, you are in litigation, mediation, or your divorce judgment was signed year’s ago, here’s a simple  guide through the steps to prove alcoholism or substance abuse in a divorce and highlight the importance of doing so.

Understanding the Importance

Alcoholism and substance abuse are serious issues that can affect all aspects of life, including marital relationships. When these issues arise in the context of a divorce, they can have a profound impact on the court’s decisions. Proving that a spouse has a substance abuse problem can be essential for several reasons:

1. Child Custody and Safety: The primary concern in any divorce involving children is their safety and well-being. Courts are particularly cautious about granting custody or unsupervised visitation to a parent with a history of substance abuse, as it may pose a risk to the child’s safety.
2. Spousal Support and Alimony: Substance abuse can impact a person’s ability to maintain employment and contribute to the household financially. Demonstrating a spouse’s substance abuse issues can influence the court’s decision on spousal support and alimony.
3. Property Division: In some cases, substance abuse can lead to financial mismanagement, resulting in wasted marital assets. Proving substance abuse can help in ensuring a fair division of property.
4. Personal Well-Being: Living with a spouse who struggles with alcoholism or substance abuse can be emotionally and physically taxing. Proving these issues can help the sober spouse move forward with their life and recover from the trauma.

How to Prove Alcoholism or Substance Abuse

Proving alcoholism or substance abuse in a divorce requires gathering substantial evidence.  Soberlink is a powerful tool for parents to prove and monitor sobriety. Portable devices send instant results and use facial recognition to ensure the right person is taking the test, making it a favorite among Family Law professionals and concerned parties alike.

Here are the key steps to follow:

1. Documentation: Keep detailed records of any incidents related to substance abuse. This can include photos, videos, and written records of incidents where the spouse was visibly intoxicated or under the influence of drugs.
2. Witness Testimonies: Collect statements from family members, friends, colleagues, and neighbors who have witnessed the spouse’s substance abuse. Their testimonies can provide valuable insight into the severity and frequency of the problem.
3. Medical Records: Obtain medical records that indicate a history of substance abuse. This can include records of hospital visits, treatments for overdoses, or any diagnoses related to substance abuse.
4. Police Reports: If there have been any incidents involving law enforcement, such as arrests for DUI or reports of domestic violence, these can serve as powerful evidence in court.
5. Soberlink Alcohol Monitoring: One of the most effective tools for proving and monitoring sobriety is Soberlink. This remote alcohol monitoring system provides real-time results and tamper-proof reporting, making it an invaluable asset in custody cases involving allegations of alcoholism.

Soberlink

The Role of Soberlink

Soberlink is a state-of-the-art breathalyzer that combines a professional-grade testing device with wireless connectivity to produce real-time results. Here’s how Soberlink can be instrumental in proving and managing substance abuse issues during a divorce:

1. Discreet and Portable Breathalyzer: Soberlink’s cutting-edge breathalyzer is designed for convenience and discretion, enabling parents to prove their sobriety anytime, anywhere.
2. Instant Notification System: BAC readings are immediately transmitted to designated parties through text or email, promoting transparency and trust in custodial situations.
3. Intuitive Software: User-friendly software ensures a seamless experience that eliminates hearsay, streamlining litigation and making processes more efficient for both legal professionals and parents.
4. Facial Recognition Technology: With advanced facial recognition, Soberlink automatically verifies the identity of the person being tested, ensuring accurate and reliable results.
5. Tamper Detection Sensors: Equipped with sophisticated sensors, the system effectively detects any attempts to cheat the system, maintaining the integrity of the testing process and promoting child safety.
6. Expert In-House Support: Soberlink’s dedicated support team includes a compliance department, provides certified records, and offers expert testimony as needed, serving the needs of the family law community with over 10 years of experience.

Conclusion

Going through this process can be difficult, but you will thank yourself for taking the time and staying strong through the process. Proving alcoholism or substance abuse in a divorce is a critical step in ensuring the safety and well-being of everyone involved, especially children. By gathering comprehensive evidence, utilizing witness testimonies, and leveraging advanced tools like Soberlink, you can build a strong case to present to the court. It’s important to work with an experienced divorce lawyer who can guide you through this challenging process and help you achieve the best possible outcome for your family. Remember, the primary goal is to create a safe and stable environment for you and your children as you move forward into a new chapter of your life.