Alcoholism and divorce often go hand-in-hand. In fact, in 2024, 12% of all divorces were the result of substance abuse, including alcohol abuse.
Unfortunately, Texas does not explicitly recognize alcoholism as a ground for divorce. However, if it can be proven that your spouse has an alcohol issue, all Texas courts will take alcoholism into account during divorce proceedings, and it can have a profound effect on the outcome of your divorce (especially if you have minor children).
If you’re seeking a divorce from an alcoholic, it’s crucial that you understand how Texas courts view alcoholism and what you need to do to prove alcoholism in your divorce proceedings.
How Texas Courts Think About Alcoholism and Divorce
Alcoholism, or alcohol use disorder (AUD), is a chronic disease characterized by an inability to control drinking despite consequences. It can profoundly affect a person’s behavior, relationships, and overall life stability, something you are likely deeply familiar with if you’re thinking about divorcing an alcoholic.
Texas courts recognize how damaging alcoholism can be in a marriage, but unless there’s a change in the law (which is unlikely), alcohol abuse and substance abuse will continue to be seen only as important contributing factors for an at-fault divorce instead of as a ground for divorce.
The Difference Between No-Fault Divorce and At-Fault Divorce in Texas
In Texas, you can file for divorce on either a no-fault or at-fault basis. A no-fault divorce is based on the ground of insupportability, meaning the marriage has become insupportable due to discord or conflict of personalities. Basically, you and your spouse can’t get along.
This option does not require proving any wrongdoing by either spouse. On the other hand, an at-fault divorce requires proving one or more of these 6 specific grounds:
- Cruelty (including domestic abuse or domestic violence)
- Adultery
- Felony conviction
- Abandonment
- Living apart for at least three years
- Confinement in a mental hospital for at least 3 years (or a belief that relapse back into mental illness is probable upon release)
While alcoholism itself is not listed as a ground for at-fault divorce, behaviors resulting from alcoholism, such as cruelty or abandonment, can be cited.
If you’re currently in an abusive relationship, the first priority is the safety of you and your children. If your life or your children’s lives are in danger, calling 911 is ideal but not always possible. You can also call the National Domestic Violence Hotline, which you can learn more about by clicking this link, additional local domestic violence resources include:
Once you and your family are safe, it’s often best to work towards permanently leaving the relationship. Texas courts take domestic violence very seriously and will do everything possible to protect you and your children.
If alcohol abuse is a factor, a judge may even consider some rehabilitation centers to be classified as mental hospitals. This means you can pursue an at-fault divorce on the grounds that you believe your spouse is likely to relapse and start drinking again.
Texas Courts Recognize Alcoholism as a Disease
Remember, the courts are always seeking to be as fair and equitable as possible. Today’s modern courts recognize that alcoholism is a chronic disease that should be treated differently from something like spousal abuse.
Therefore, just because you tell the courts you want to divorce an alcoholic husband or wife, that doesn’t mean you will end up with all of the marital property or assets. It also doesn’t necessarily mean you’ll end up with full custody of your children.
When it comes to alcoholism and divorce, you shouldn’t simply accuse your spouse of being an alcoholic without proof.
Texas Courts Require Proof of Alcoholism in a Divorce Case
In some cases, alcoholism is simple to prove—for example, if your spouse has been arrested for a DUI or DWI. If you’re divorcing a high-functioning alcoholic who has never gotten in trouble with the law, however, you may have a more difficult time proving such alcoholism.
While the court wants to see is that your spouse gets the treatment they need and is willing to change, the court will almost always err on the side of caution and take action to protect you and your minor children if there is proof of alcohol abuse.
If you and your attorney are able to present sufficient evidence of alcoholism or alcohol abuse, the court may order alcohol/drug testing, and may include provisions in your temporary orders (which are issued when your divorce case is filed) about the use of alcohol and/or drugs, especially if children are involved.
Keep in mind that if your spouse is willing to submit to the court’s requirements and successfully completes them, the requirements lifted and your spouse may be granted unsupervised access to your children.
It’s important to note that divorcing a recovering alcoholic husband or wife who is actively staying sober and trying to change their life is acceptable, but it’s less likely that your outcome in these situations will be drastically different than divorce from a non-alcoholic.
How to Prove Alcoholism in a Divorce in Texas
If you’re divorcing an alcoholic and believe your spouse’s alcoholism has significantly impacted your marriage and should be considered in the divorce proceedings, it’s crucial to document instances where alcoholism has affected their behavior and responsibilities.
This documentation can include:
- Medical Records: If your spouse has been diagnosed with alcohol use disorder or has received treatment for alcoholism, medical records can be sufficient evidence of alcoholism.
- Police Reports: If there have been any incidents involving the police due to your spouse’s alcohol-related behavior, such as domestic violence or DUI arrests, these reports can be crucial.
- Witness Testimonies: Statements from friends, family members, or colleagues who have witnessed your spouse’s alcohol-related behavior can support your case.
- Financial Records: Evidence of financial instability or reckless spending due to alcoholism can demonstrate its impact on the family’s financial well-being.
Your attorney will know best what kinds of evidence to collect as every case is different.
Custody and Visitation When Divorcing an Alcoholic
When it comes to alcoholism and divorce, Texas courts prioritize the best interests of your children when determining custody and visitation arrangements.
If you’re seeking a divorce from an alcoholic and have proven their alcoholism, the court will be highly likely to only allow your alcoholic spouse supervised access to your children, at least initially.
This is where a neutral third party supervises the visits, which in Texas is generally paid for by the parent being supervised.
The court may also require your spouse to undergo treatment or counseling as a condition for visitation or custody, which can range widely in scope and requirement depending on the evidence presented. They may require anything from a 4-hour online class to full-fledged in-patient treatment for 30 days or more.
The court may also order ongoing random alcohol/drug testing in addition to Alcoholics Anonymous attendance for a set period.
In extreme cases, the court may deny visitation rights if it determines that the alcoholic parent’s behavior poses a severe risk to your children.
Property Division and Alimony when Alcoholism and Divorce Collide
When alcoholism and divorce collide, the courts may divide your property differently than they would otherwise, and you may receive a larger amount of alimony (spousal support), though that depends on your spouse’s work and financial situation.
Texas is a community property state, meaning that all property acquired during the marriage is generally divided equally between spouses. However, the court can consider factors such as fault in the breakdown of the marriage when determining a fair division.
If your spouse’s alcoholism has led to financial irresponsibility or depletion of marital assets, you can present this evidence to the court. Additionally, if you have been financially dependent on your spouse and their alcoholism has affected your ability to support yourself, you may be entitled to spousal support.
If You’re Seeking a Divorce from an Alcoholic Spouse, Get Professional Help
Navigating a divorce from an alcoholic can be complex and emotionally draining. It’s essential to work with a knowledgeable family law attorney who can guide you through the legal process, help you gather and present evidence, and advocate for your best interests.
An experienced lawyer can also help you understand your rights and options, including whether you’re best off seeking a no-fault or at-fault divorce. Alcoholism and divorce are incredibly difficult to figure out on your own, but there’s no reason you have to do so.
If Your Spouse Suffers from Alcoholism and Divorce is in Your Future, Call Us
Alcoholism can have a profound impact on a marriage and the divorce process, but it is possible to have a great life after divorcing an alcoholic—you just need a little help getting there.
That’s where we come in. We’ll support you through the entire process and fight hard for you and your children to get the best possible outcome. Alcoholism and divorce are terrible issues to deal with, but we’ll do everything we can to get you through them successfully.
Contact us today to set up your initial consultation or call us directly at (214) 646-3253.
