815 Orienta Ave. Suite 1030 Altamonte Springs, FL 32701
815 Orienta Ave. Suite 1030 Altamonte Springs, FL 32701
Living with a spouse who struggles with alcoholism is an exhausting, heartbreaking reality. You spend your days walking on eggshells, worrying about their safety, and trying to shield your children from the chaos. If you have reached the point where you realize the marriage is no longer sustainable, you're likely feeling a mix of relief and terrifying uncertainty.
Making the decision to leave is brave, but the legal road ahead requires careful navigation. Alcoholism introduces specific complexities to divorce cases, particularly regarding finances and time-sharing with children. While Florida law allows for a "no-fault" divorce, the behavior of an alcoholic spouse significantly impacts the outcome of the proceedings.
You do not have to face this transition alone. Understanding how local courts view addiction and having the right support system in place can help you protect your future and your family.
Florida is a "no-fault" divorce state, which means you do not need to prove your spouse’s alcoholism caused the marriage to end to get a divorce. You simply need to state that the marriage is "irretrievably broken." However, this does not mean their drinking is irrelevant to the case.
Judges in Orange and Seminole counties are tasked with looking out for the "best interests of the child" and ensuring a fair division of assets. If your spouse’s addiction endangers the children or has drained your marital bank accounts, the court takes that very seriously. Addiction is not just a personal struggle in the eyes of the law; it's a factor that alters custody arrangements and financial settlements.
The process begins when you file a Petition for Dissolution of Marriage. Once your spouse is served with these papers, they have a strict timeline to reply. Under Florida law, the respondent typically has 20 days to file a written response. If they fail to respond within that window because they are intoxicated or negligent, you may be able to seek a default judgment.
During this initial phase, securing a skilled divorce attorney is essential. An experienced lawyer can help you file motions for temporary relief, which can grant you temporary custody or exclusive use of the marital home while the divorce is pending. This offers immediate stability for you and your children while the longer legal process plays out.
Allegations alone are rarely enough in family court; you need documentation to substantiate your claims. Judges need to see how the alcoholism affects the safety of the children and the family finances.
Useful evidence often includes:
Gathering this evidence can feel invasive, but it protects your credibility. It shifts the conversation from "he said, she said" to objective facts.
Florida courts prefer for children to have a relationship with both parents, but safety always comes first. The court uses the term "time-sharing" rather than "custody," and a parent with an untreated addiction may face restrictions on their time-sharing rights.
If you can prove that your spouse’s drinking endangers the children—perhaps they have driven drunk with the kids or cannot care for them safely—the court may order:
Whether you live near the quiet streets of Baldwin Park or are driving your kids to school in Winter Park, your primary goal is ensuring they are safe regardless of which parent they are with. A reputable family law practice Winter Park residents trust will know how to petition the court for these specific safety measures.
Litigation is not the only path, and for some families, a high-conflict trial only increases the trauma. You might consider collaborative law as an alternative. This is a private, out-of-court process where you, your spouse, and your respective lawyers agree to resolve issues without a judge.
In the collaborative process, a neutral Mental Health Professional (MHP) and a Neutral Financial Professional (NFP) join the team. This is often highly effective in cases involving addiction because it focuses on problem-solving rather than blaming. The MHP can help craft a parenting plan that includes recovery steps and safety protocols, while the NFP ensures financial clarity. If your spouse is willing to acknowledge their problem and work toward a solution, this approach can save your family a significant amount of emotional stress.
Addiction is expensive, and it often leads to the misuse of marital funds—legally known as the "dissipation of assets." If your spouse spent thousands of dollars on alcohol, rehab stays, DUIs, or gambling related to their addiction, you shouldn't have to pay for that out of your share of the assets.
In Florida, the court generally starts with the premise that marital assets should be split 50/50. However, Florida Statute 61.075 allows the court to order an unequal distribution if there is justification. If we can prove your spouse wasted marital assets on their addiction, the court may award you a larger percentage of the remaining assets to "reimburse" the estate.
Understanding these numbers matters. If you're worried about how you will afford life in Altamonte Springs or Maitland on a single income, knowing that the law protects your financial interests can provide peace of mind.
Divorcing an alcoholic is isolating. You may feel guilty for "giving up" or terrified of what your spouse will do without you. It is vital to recognize that you cannot cure their disease, but you can save your own future.
Building a support team is just as important as building a legal case. Therapists who specialize in codependency and addiction can help you break unhealthy patterns. Support groups like Al-Anon offer a community of people who understand exactly what you're going through.
Sometimes, just taking a walk down Park Avenue or sitting by Lake Eola can give you the mental clarity you need to keep going. When you pair that emotional self-care with the guidance of a family law practice Winter Park families rely on, you create a foundation for a healthier life.
Leaving a marriage defined by alcoholism is one of the hardest things you will ever do, but it's also a step toward peace. You deserve a home free from unpredictable behavior, and your children deserve a safe environment.
The legal system in Central Florida has mechanisms to protect you, but you need an advocate who understands the nuances of addiction cases. A skilled family law practice Winter Park attorney can help you secure the safety measures, financial support, and custody arrangements necessary for a fresh start.
If you're ready to discuss your options and protect your family, contact Frank Family Law Practice at (407) 629-2208. We are here to help you navigate this difficult chapter and move toward a brighter future.