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Separating from an alcoholic

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bopica

Junior Member
What is the name of your state?Texas

My wife of 18 years is an alcoholic for about the past 5 years. I have finally reached the point of no hope of her ever getting help and can no longer stand to allow the effects it has on the two youngest children (We have 3 children (22,15,6)). I am left with no choice but to separate/divorce. How do I proceed to protect the children and our assets? (everything she gets will go into a bottle)
 


LdiJ

Senior Member
bopica said:
What is the name of your state?Texas

My wife of 18 years is an alcoholic for about the past 5 years. I have finally reached the point of no hope of her ever getting help and can no longer stand to allow the effects it has on the two youngest children (We have 3 children (22,15,6)). I am left with no choice but to separate/divorce. How do I proceed to protect the children and our assets? (everything she gets will go into a bottle)
Unfortunately, there is really nothing that you can do about the assets. She will be entitled to her share whether she is an alcoholic or not. However, she is also responsible for half of your marital debts as well....and since she may not be responsible regarding paying those, it would probably be wiser for you to take on the responsibility of the debts, in exchange for a greater share of the assets.

As far as your children are concerned, your 15 year old would probably get some say as to which parent has primary custody. It will be different with your 6 year old. Do you have any hard evidence of her alcohol problems? That would go a long way towards helping you obtain primary custody.
 

bopica

Junior Member
The only written evidence I have is paperwork from a period last year when she spent a week in a detox center followed by 2-3 months of psychiatric treatment for depression. The doctor advised her to seek help thru AA in addition. There are no police records for anything like domestic disturbances, etc. since we are not physical. I have begun to record her verbal abuse towards me during her drinking (As is common with alcoholics, the spouse is at fault for everything in thier mind). Would that be enough?
 

LdiJ

Senior Member
bopica said:
The only written evidence I have is paperwork from a period last year when she spent a week in a detox center followed by 2-3 months of psychiatric treatment for depression. The doctor advised her to seek help thru AA in addition. There are no police records for anything like domestic disturbances, etc. since we are not physical. I have begun to record her verbal abuse towards me during her drinking (As is common with alcoholics, the spouse is at fault for everything in thier mind). Would that be enough?
Its hard to say. It may be enough to get you primary custody, but its unlikely to be enough for mom to not recieve regular parenting time.
 

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