Alcohol, Drug Addiction and No-Fault Divorces

Filing for a no-fault divorce is not the same as claiming that both parties are equally responsible for the end of the marriage. Nor does it mean that property, savings, or child-custody will automatically be split 50/50. Additionally, a no-fault divorce does not mean the pain and suffering caused by your spouse’s addiction will be ignored by the court.

There are many logical reasons to file for a no-fault divorce, even when your spouse’s addiction was the primary cause for the separation, including:

  • Fault divorces usually take longer to finalize than a no-fault divorce.
  • Because they take longer, fault divorces may be more expensive than no-fault divorces.
  • Fault divorces are usually far more contentious and stressful than no-fault divorces.
  • Because they can be so emotionally charged, fault divorces are often perceived as more traumatic to the children than a no-fault divorce.

Even if you file for a no-fault divorce, a judge may well consider your spouse’s addiction as relevant when determining separation of assets, financial support, and child custody. In this case, you will need to seek counsel from an attorney with a deep understanding of Rhode Island marital law and trial-tested experience in Rhode Island divorce court. Your attorney will advise you on when and how the substance abuse which contributed to the end of the marriage can be considered a factor in determining alimony, child support, and asset distribution.

Do You Need To Speak To A Rhode Island Divorce Attorney?

If you are considering a divorce you need to speak with an experienced Rhode Island divorce attorney as soon as possible. Please contact us online or call our Warwick office directly at 401.946.3200 to schedule your free consultation. We help divorce clients in Providence, Warwick and all areas of Rhode Island.


Jesse Nason
Helping Rhode Island residents with all of their family law, divorce and child custody needs since 2006.