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Category Archives: Domestic Violence

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.

Dealing With Emotional Abuse from an Ex Spouse

For many individuals going through a divorce, one of the most difficult issues is dealing with and overcoming emotional abuse and/or harassment from their ex spouse. All divorces come about for a reason, and many times acrimonious separations are due to or can even result in a hostile relationship between exes. This can be particularly tricky… Continue Reading

Destroying Property and Restraining Orders

When most people think of domestic violence and abuse, they most likely think of overt physical actions committed by one party against another. While such an action would certainly be considered domestic violence (given the two parties have one of the types of relationships described in the NJ Prevention of Domestic Violence Act (PDVA)), many… Continue Reading

How Can Domestic Violence Affect a Child Custody Agreement?

Domestic violence, and the commonly resulting legal actions of temporary restraining orders and final restraining orders, can be one of the most trying, stressful, and emotionally difficult situations for any family to face. In the case of the abused party, securing protection for themselves and/or their children is of extreme importance. On the other hand,… Continue Reading

How to Divorce an Abusive Spouse

Spousal abuse and domestic violence can take many forms, and can be difficult for the victim to extract themselves from the situation. People fear that filing for a divorce will only antagonize the abuser, and push them to committing further acts of abuse. However, New Jersey law provides many protections for victims of domestic violence… Continue Reading

Economic Abuse can be Considered Domestic Violence

Typically, when most people think of domestic violence, they think of physical abuse and restraining orders. Historically, this would have been a completely accurate point of view, and New Jersey’s Prevention of Domestic Violence Act (N.J.S.A. 2C:25-19) even lists eighteen different offenses which constitute domestic violence in New Jersey, with nearly all of them being… Continue Reading

Defending Yourself from a Restraining Order

Having a restraining order placed against you may not initially seem like a big deal. Often, people say “I don’t want to talk to this person anyway, so who cares?”. The problem however, is that a restraining order has long-term implications for your future. When a judge approves a restraining order, you will be photographed, finger-printed,… Continue Reading

Chatham Township Hosts Domestic Violence Conference

The Chatham Township Committee, along with the Jersey Battered Woman Services (JBWS), held a conference to help stop domestic abuse throughout Morris County. On Tuesday, October 18th, Chatham Township and JBWS spoke about the issue around domestic violence, not only in Morris County, but also throughout the entire state of New Jersey. JBWS spokeswoman Regina… Continue Reading

NJ Judge Says Domestic Violence Extends to the Workplace with Employment Interference

In a recent decision, a New Jersey judge concluded that economic abuse, specifically, interfering with an ex-partner’s employment, may constitute domestic violence. As such, behavior that involves threats or direct attempts to jeopardize a victim’s employment may provide grounds for a restraining order. Ocean County Superior Court Judge Lawrence Jones recently issued his opinion in… Continue Reading

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