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Category Archives: ADR

Substance Abuse and Divorce in Morris County, NJ

Harding NJ Divorce AttorneysThe issues of substance abuse and divorce are the types of topics which we all know effect millions of people, but never expect it to impact us. Unfortunately, the reality is that in the U.S. nearly 1,000,000 divorces take place each year and tens of millions of adults will partake in binge drinking or illicit drug use. When the numbers are that high they are bound to intersect. It is important to understand that substance abuse is a generalized term which can refer to a wide range of unique situations. By working with a qualified legal team and getting much needed help, many families can overcome issues of alcohol and drug abuse before, during, and after a divorce.

Today, our divorce and family law attorneys will discuss substance abuse and divorce, and how drug and alcohol addiction may have an impact on divorce issues including the grounds for divorcechild custodychild supportalimonydivision of assets, and more.

Substance Abuse and Divorce: Harding, NJ Divorce Attorneys

Issues with drugs and alcohol are in the same ballpark as financial disputes, adultery, and communication issues when it comes to causing divorce. Furthermore, drug and alcohol problems within a marriage can in fact lead to many of those other underlying issues. Our Harding divorce attorneys have seen substance abuse affect the following aspects of divorce:

  • Financial issues – alcohol and drugs are expensive, particularly those which are illegal. It has been estimated that cocaine addicts can spend anywhere from $450 to $1,200 per day. While not all illicit substances carry that extreme price tag, it is easy to see how financials could become strained
  • Trust issues – those who are under the influence are not themselves at that time. Similarly, individuals suffering from addiction make it difficult for their friends and family to rely on them
  • Parenting issues – for parents, drug and alcohol problems can be have a huge impact on their fitness as a parent

If you or a loved one is suffering from addiction or substance abuse problems, please seek help. Everyone’s life is improved when addiction is treated and individuals are able to return to a healthy life. For more information please navigate to the New Jersey Division of Mental Health and Addiction Services list of hotlines.

Alcohol and Drug Addiction Within Morris County Divorce Proceedings

Even for those who seek help, divorce is sometimes unavoidable. It is important to understand that issues of substance abuse may become issues within your divorce proceedings. Your Morris County divorce attorneys may advise you that drug and alcohol problems may have an impact on issues including but not limited to:

Grounds for divorce – as per New Jersey statutes section 2A:34-2, grounds for fault based divorce include “voluntarily induced addiction or habituation to any narcotic drug” or sustained drinking problems for a minimum of 12 consecutive months.

Child Custody agreements – child custody is determined based on what is best for the children involved. If a judge or mediator feels that the substance abuse issues of a parent will have an impact on his or her ability to parent, then that will be weighted in regards to child custody terms.

Credibility within proceedings – it is also possible that the “word” of individuals with a history of addiction may carry less impact. This is entirely dependent on the nature of your circumstance, your conduct within divorce proceedings, and other factors.

Is Drug and Alcohol Abuse a Factor in your Divorce? Contact our Morristown Divorce and Family Law Lawyers Today

At The Law Offices of Townsend, Tomaio & Newmark, our divorce and family law attorneys have extensive experience serving families across Morris County towns including Morristown, Morris Township, Chester, Chatham, Harding, Mendham, and across all of Northern New Jersey. Our firm is built on a foundation of providing high quality, individualized, and creative legal solutions to our clients. Rather than leaning on litigation only, we strive to seek low-cost, low-stress solutions when possible. However, we are more than qualified to seek formal legal action when necessary.

To learn more about the legal complexities of substance abuse and divorce, please contact us online or call our Morristown offices today at (973) 828-0829 for a free and confidential consultation.

Physical Health and Divorce Morris County, NJ

Going through a divorce is one of the most well documented, serious stressors that many of us experience during our life. While many individuals may immediately think about the mental health issues and problems with substance abuse that commonly accompany these stressful periods, overall physical health is often overlooked. This is unfortunate, as stress can have an equally significant impact on… Continue Reading

Mental Health and Divorce

When spouses are in the middle of a divorce, there are a million things going through their minds. How can I afford this? What will happen with my children? Where will I live? While tackling these complex issues, it can be easy to overlook the physical and mental health of both divorcing spouses, their children,… Continue Reading

What is Considered a Default Divorce?

Contrary to popular belief, not all divorce proceedings are long and painful. It is actually quite common for divorcing spouses to come to amicable terms of a settlement agreement and get through their divorce with minimal interference. In some cases, this may result in what is known as a default divorce. While not all amicable divorces are ultimately… Continue Reading

What is Rehabilitative Alimony in New Jersey?

For spouses going through a divorce, the issue of alimony and spousal support is common. However, many people do not realize that there are actually five types of alimony agreements pursuant to New Jersey divorce law. In addition to the common limited duration alimony and open duration alimony, there is also reimbursement alimony, temporary alimony during divorce, and rehabilitative alimony.… Continue Reading

Adultery and Divorce in New Jersey

It has been estimated that as many as one (1) in five (5) Americans admit to cheating on their significant others. While this number may come as a shock, unfortunately many individuals have already been impacted by infidelity within their own relationship or marriage. Many of our clients will then ask: when a marriage ends due… Continue Reading

What to Do and What Not to Do During Divorce

Divorce is much more than a legal separation. Divorce is a division of commingled lives, a major shift in family dynamic, and can be extremely stressful. It is therefore understandable that many individuals make mistakes during the divorce process which they may come to regret. Not only can missteps impact your personal relationships, but they may also… Continue Reading

Mediation, Arbitration, & Collaborative Divorce

Alternative Dispute Resolution, often shortened to ADR, is a term used to describe several different methods by which legal disputes may be settled out of court. For issues pertaining to divorce and family law, the most common alternative dispute resolution methods are mediation, arbitration, and collaborative divorce. These methods are used to keep costs down, keep timelines shorter, and to avoid… Continue Reading

Arbitration in Family Law Disputes

The Alternative Dispute Resolution (ADR) method of arbitration is quickly becoming a very popular way to resolve not only divorces and their related issues of child custody, child support, alimony, and marital asset division, but also to resolve almost any other family law dispute as well. When it comes to ADR methods, arbitration stands out… Continue Reading

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Morristown / Morris County Law Office

65 Madison Ave

Suite 420

Morristown, NJ 07960

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