Divorcing An Alcoholic
March 2024
Divorce is always a challenging process. When your husband or wife is an alcoholic, the problems can seem insurmountable.
In this article, our family law solicitors help explain the legal aspects and emotional impact of divorcing an alcoholic in the UK (England and Wales).
Initial Discussion
This summary provides general information and does not constitute legal advice on any individual circumstances.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134 or emailing us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
Is it Time to Divorce
Only you can decide if it is time to start divorce proceedings. Our family law solicitors may be able to recommend an individual family therapist to you if you think it would help you to talk through the issues. Alternatively, friends and family may be able to fill this role for you but remember they may not be as impartial as a counsellor.
If you hope that your marriage is repairable then a referral to couple counselling may be the best option for you. Initiating an honest conversation with your spouse about their alcohol addiction and its impact on your marriage is not easy. An organisation, such as Relate or a couple counsellor, may be able to help you express your concerns, encourage your spouse to seek help, and offer you both support during their recovery.
The job of a family law solicitor is not to push you into starting divorce proceedings if the time is not right for you. It is, however, important to take early family law legal advice so you know your legal rights and can start divorce proceedings with confidence when you know that the time has come to end your marriage.
Starting Divorce Proceedings When Your Spouse is an Alcoholic
Many spouses are anxious about starting divorce proceedings when their husband or wife is an alcoholic because they are concerned that their spouse will deny their alcoholism and its impact on the family.
With the introduction of no-fault divorce proceedings, you do not need to tell the divorce court why you want to get divorced. All you need to say is that the marriage has broken down. You can get a divorce even if your husband or wife thinks that the marriage is not over as they do not recognise the effect of their drinking on you.
Our family law solicitors can help you with the paperwork to obtain a no-fault divorce. You will not need to attend a court hearing to secure your final order of divorce.
Protecting Yourself and Your Family
If your spouse's addiction poses a threat to your safety or that of your children, or they are refusing to leave the family home, you may need legal advice about applying for an injunction order. A threat to your safety includes all types of domestic abuse, such as physical violence, emotional cruelty or financial control.
The court can make an injunction order to allow you to occupy the family home until you reach a financial settlement, or the court can make a financial court order. The court can also make an injunction order to stop your husband or wife from harassing you or from being violent towards you. This is called a non-molestation order.
Injunction orders can be obtained quickly if you are concerned about your spouse’s behaviour. If you are at immediate risk, you should call the police.
Child Care Arrangements When One Parent is an Alcoholic
If you have children, their interests need to come first when it comes to sorting out their residence and contact arrangements. Your children may feel very protective of their other parent and want to live with them or have lots of contact so they can act as a caregiver. Alternatively, your children may want to have no contact and you may have misgivings about whether cutting off all contact is best for your children.
Every family situation is different. For example, your wife may be a functioning alcoholic, or your husband may be a recovering alcoholic. Your spouse may have the support of their parents who are willing to supervise contact, or you may trust your teenage children to call you if you need to come and collect them early.
Ideally, you will be able to reach an agreement on the parenting arrangements through solicitor negotiations or family mediation. Those arrangements may be able to change over time if your spouse addresses their alcoholism. If you cannot reach an agreement then either of you can apply to the court for a child arrangement order to settle the residence and contact arrangements. The court decision will be based on what the judge thinks is in the best interests of your children.
Reaching a Financial Settlement When Divorcing an Alcoholic
Reaching a financial settlement can be complex when one spouse has an addiction. They may not accept that the marriage is over, or they may be unwilling to provide financial disclosure or to negotiate.
In some cases, financial court proceedings may be necessary if agreements cannot be reached through negotiation or mediation. Your family law solicitor will represent your interests and advocate on your behalf during the court application.
Talk to a Family Law Solicitor
Divorcing an alcoholic spouse in the UK is emotionally taxing. Remember that you do not have to navigate this journey alone. Talk to a specialist family law solicitor experienced in advising on separations involving addiction, and get the emotional support you need from friends, family, counsellors or support groups. With the right support and resources, you can move forward toward a more stable future for yourself and your children.
How Can Fullers Help?
We understand that finding a solicitor that you feel understands your own specific situation can be a daunting task. So, you can book a free call back with us here.
We have also created a series of fixed-price consultation meetings with a full ‘no questions asked’ money-back guarantee promise.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134, filling in the contact form below, or emailing us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
