If you are going through a divorce and you believe that your spouse has a substance abuse problem, you may be able to prove it with evidence like medical documents, arrest records, drug test results, and even workplace reviews. Courts in New Jersey take substance abuse seriously, especially when you have children and are concerned about custody and visitation. If you want to show the court that your spouse has an issue that they need to address, then you should talk to our Morris County, NJ divorce lawyers.
What Evidence Can Back Up Allegations of Substance Abuse?
In a New Jersey divorce, substance abuse generally refers to the habitual or excessive use of drugs or alcohol that negatively impacts a spouse’s parenting ability, financial decision, or overall stability. As such, the courts must evaluate whether the substance use creates a risk to children, contributes to the breakdown of the marriage, or impacts the fairness of custody and support arrangements.
If you plan to show that your spouse’s substance abuse was a problem in your relationship, you need to have evidence. Courts in New Jersey, including the Morris County Superior Court, Family Part, which handles divorce cases for those in Morristown, Roxbury, and Dover, will not simply rely on anecdotal evidence but require concrete proof of a substance abuse issue.
Evidence Checklist
- Arrest records for drug or alcohol-related crimes
- Medical records that indicate substance abuse
- Medical records of you and other family members who were injured by your spouse
- Failed drug tests from your spouse’s place of employment
- Disciplinary records from your spouse’s workplace
- Witness testimony
How Each Type of Evidence Strengthens Your Case
- Arrest records: Show a documented pattern of illegal or unsafe behavior
- Medical documentation: Provides unbiased third-party verification of substance abuse issues or addiction
- Injury records: Demonstrates direct harm caused to others as a result of the substance use, which is especially relevant in custody matters
- Workplace records: Used to establish ongoing impairment, ultimately impacting responsibilities
- Witness testimony: Provides an outside perspective on the behavior and impacts
Can I Make My Former Spouse Take a Drug Test?
If there is enough evidence presented, the court may order your spouse to undergo a drug test. Obviously, a positive result would do a lot to bolster your case. The discretion of the judge matters a lot here, though, and some may think that the drug test is not necessary or even relevant to your divorce case.
When Morris County Courts May Order Drug Testing
- When there is credible evidence of ongoing substance abuse
- When the safety of a child may be at risk
- When substance use impacts parenting abilities
- When prior arrest or treatment records exist
- When one party makes a formal request for testing with supporting evidence
Can a Spouse’s Substance Abuse Affect the Divorce Agreement?
A spouse’s substance abuse can affect some parts of the divorce agreement, but many matters are unlikely to be affected by their behavior. Property still needs to be divided in an equitable manner, and agreements need to be reached on alimony and other issues. An exception to this could occur if your spouse has been wasteful with shared assets. If they have frittered away your money due to their addiction, that might affect how financial matters are approached.
In most cases, a spouse’s substance abuse is most likely to affect child custody and visitation agreements. If one parent has a serious substance abuse issue that can put a child in danger or make it impossible to have their needs met, then that needs to be a factor in custody and visitation arrangements.
Key Impacts on Divorce Outcomes
- Child custody and parenting time decisions
- Whether supervised or unsupervised visitation is granted
- Credibility during court proceedings
- Financial disputes, especially when marital waste is alleged
- Potential influence on spousal support in extreme circumstances
Additional Legal Impacts Recognized in New Jersey
- Grounds for divorce: New Jersey is an at-fault divorce state, meaning you may file on the grounds of wrongdoing if you wish. Substance abuse is a recognized ground for divorce in New Jersey.
- Parenting fitness: Courts will prioritize the best interests of the child above all else in a Morris County divorce
- Credibility issues: A documented history of substance abuse can impact how testimony is viewed by the judge
Can a Parent Get Visitation Rights Back After Completing Treatment for Substance Abuse?
Now, if a parent completes treatment, court-ordered or not, and makes other attempts to address their issues, they may be able to modify some parts of your previous agreement. They could start with supervised visitation as they continue to work on themselves and take steps to provide a safe environment for their children.
Steps to Restore Custody or Visitation Rights in Morris County
- Complete a recognized substance abuse rehabilitation or other treatment program
- Provide consistently clean drug test results
- Attend counseling
- Demonstrate your ability to maintain a stable income and housing
- File a petition with the court that issued the original divorce order to modify the current custody arrangement
Consult With Our Morristown Family Lawyers
When you are going through a divorce in Morristown, Randolph, Dover, or any other community in or around Morris County, you need someone who can advocate for you and help you fight for the best outcome. At Townsend, Tomaio, Newmark & Clancy, our experienced family lawyers can help you navigate these difficult times. Contact us today, and we can tell you more about how our firm can be of assistance.
