When casual drinking begins to go too far, it may start to take a toll on a relationship. Alcohol may play a role in breaking down trust or respect for one’s partner, it may be a significant source of financial problems, or in severe cases can be the catalyst for physical or verbal abuse.
Some people take on a whole new attitude and personality when consuming alcohol. Others may have turned to alcohol to deal with other difficult circumstances. Regardless, a partner’s issue with drinking can have a strong negative effect on you and your children. If this is the case, it may be worth talking to a family lawyer to see if divorce is the right option for you.
Does alcohol abuse count as grounds for divorce?
Although alcohol may be a personal ground for divorce it is not a legal one in Ontario unless it leads to cruelty and abuse. If the behaviour is severe enough it may qualify under this heading as a ground to divorce. Physical cruelty and abusive behaviour may be evident, but the mental effects of living with an alcoholic are not as easy to define and prove to a Court.
If you are struggling with the challenges of being married to someone who abuses alcohol, the best course of action is to take an initial consultation with a family lawyer to get important legal advice and to see what your options are.
Protect yourself from physical or verbal violence
Depending on how your partner acts when under the influence of alcohol, it may be a good idea to acquire protection in the form of a restraining order and to take other steps, such as removing yourself and/or the children from the matrimonial home, before announcing your intention to divorce. It’s important to make sure that you are safe in case your partner reacts strongly to the news and struggles to control his/her emotions.
How Alcohol influences Child Custody
During a divorce, the courts will try to find the solution that acts in the child’s best interest. If one partner in the marriage has been shown to act irresponsibly with alcohol, that may affect the eventual decision by a Judge; particularly where the behaviour has directly impacted the child. If it is the case that the alcoholic parent is granted continuing visitation or joint custody, they may be required to take regular tests or to otherwise demonstrate in some way that they are making an effort to stop drinking. In extreme circumstances, access to the child may be supervised, or even terminated until the alcoholism is under control.
If you or someone you know has been struggling with their marriage due to their partner’s excessive drinking, talk with Epstein & Associates for valuable legal advice that can help you escape a debilitating and potentially dangerous situation.