Drugs, Alcohol and Divorce in Illinois - Russell D. Knight

BSPE Legal Marketing Podcast

From Law Office of Russell D. Knight – In this episode, we explore the complex relationship between substance abuse and marital dissolution in "Drugs, Alcohol and Divorce in Illinois." We dive into how issues like alcohol and drug use can influence various aspects of an Illinois divorce case, from dissipation of assets to the allocation of parental responsibility and parenting time. While drugs and alcohol can create gray areas, Illinois divorce laws provide clear guidance on how to address these issues, especially when children are involved or marital assets have been dissipated due to substance abuse.

The podcast touches on the dissipation of assets under Illinois law, which occurs when one spouse uses marital property for their own benefit during the breakdown of the marriage. In cases where drugs or alcohol are involved, the courts rely on precedents like In re Marriage of O’Neill and In re Marriage of Toole to determine whether marital funds were improperly used. The burden falls on the accused party to prove that money wasn’t wasted on substances, adding complexity to the divorce proceedings.

When children are part of the equation, the stakes are even higher. Illinois divorce courts base decisions about parenting time and parental responsibility on the best interests of the child. As discussed in In re Marriage of Palarz and In re Marriage of Oertel, substance abuse can lead to restrictions on a parent's ability to spend time with their children. Guardian Ad Litems often play a key role in investigating these cases, ensuring the child’s welfare is prioritized by the court. Violations of parental responsibilities due to substance abuse can lead to supervised visitation, mandatory treatment, and more.

We also delve into the practical aspects of how courts handle ongoing substance issues during divorce, including the use of tools like Soberlink for alcohol testing. For cases involving addiction that affect all aspects of the divorce, Illinois Supreme Court Rule 215 may even allow for a mental and physical examination of a party. Whether you're dealing with these accusations or trying to protect your rights, this episode provides valuable insight into how drugs and alcohol can shape an Illinois divorce. Tune in to learn more about these important legal considerations and how they can impact your case.
Law Office of Russell D. Knight
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