When a spouse is suffering from addiction, it can be hard on the marriage. It may only be a matter of time before the other spouse feels that going their separate ways is the only option. Nearly 15 million people struggle with alcohol addiction, and the numbers for drug use are similarly alarming. Studies show that one of the main reasons couples get a divorce is addiction. If your spouse is addicted to alcohol or drugs, this fact will likely influence your divorce case.
Default Judgment When Addiction Affects Participation in the Process
Addiction to alcohol and drugs will control a person’s life. Satiating the need to drink or take drugs becomes more important than the family itself. It is also common for the spouse who suffers from an addiction to be unable to participate in the divorce and they may become a detriment in several aspects of the divorce. In Texas, however, you can still get a divorce even if your spouse is not an active participant in the proceedings. When you file for divorce, your spouse will be asked to respond to the divorce petition. If they refuse to sign divorce papers or file a response and appear in court within one month, the court may grant a default judgment. That judgment would generally be in favor of the person who filed for divorce.
Insupportability Divorce
Texas is a state that allows no-fault divorce, which means you do not need to definitively prove your spouse’s addiction as the grounds for your divorce. While it is possible to obtain a divorce on the fault-based grounds of substance abuse or addiction, it is generally much easier and less stressful to cite insupportability. Insupportability simply means there is discord or conflict of personalities that destroys the relationship.
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