Divorce from an Alcoholic – Divorce Petition Due to Alcoholism

Among the most common reasons for the breakdown of marriages is alcoholism. In court practice, divorce due to addiction is not uncommon, as substance abuse often leads to escalation of disputes, neglect of family duties, and a sense of insecurity in the other spouse. The question arises: can alcoholism be grounds for ending a marital union? What does divorce from an alcoholic look like in the light of the law?

Divorce from an Alcoholic Step by Step

Alcohol disease can gradually destroy a relationship, home safety, and the family's financial stability. Divorce from an alcoholic is possible when addiction leads to a complete and permanent breakdown of marital cohabitation. In practice, this means that as a result of compulsive drinking, the bonds have ceased: emotional, physical, and economic, that is, when two people no longer function as spouses in everyday life. However, it's worth remembering that the court does not treat alcohol as an automatic reason for divorce. It's important to show that it was precisely alcoholism that really contributed to the breakdown of the marriage, and is not just a convenient argument in a dispute. If the addiction appeared as a consequence of other events and did not have a significant impact on the breakdown of cohabitation, the assessment of the case may be more complex.

Divorce with Fault Finding Alcoholism – When Does It Make Sense?

If the goal is divorce with fault finding, you usually have to expect a longer proceeding. At the same time, in many situations, such a resolution is more favorable for the party filing the petition, especially when alcohol abuse was associated with violence, family neglect, wasting money, or destabilizing children's lives. For a petition for divorce on the grounds of the husband being an alcoholic (or wife) to be effective, evidence is necessary. Below we present practically how to prove in court that a partner is an alcoholic and what documents are usually significant.

How to Prove in Court That a Husband Is an Alcoholic?

The most commonly used evidence in divorce cases due to alcoholism:

• police notes from interventions or calls to the home

• Blue Card documentation, if one was established

• witness testimony, e.g., family, neighbors, acquaintances, coworkers

• medical documents confirming the problem (e.g., treatment recommendations, consultations, hospitalizations) or information about refusal of treatment, if relevant to the case

• specific, coherent explanations from the party filing the petition, describing situations, drinking frequency, and consequences for the family

It's important that evidence is not general (e.g., "because my husband/wife drinks a lot"), but indicates facts and consequences: scandals, threats, neglect, lack of contribution to the household, problems in child care, debts, or job loss.

Divorce from an Alcoholic – Division of Assets

The division of assets depends on the circumstances of the specific case, including the method of accumulating joint property, the contribution of both parties, and also whether the addiction really affected finances (e.g., wasting money, incurring obligations, selling things, lack of work). If the behavior of the addicted person had no negative impact on the family's financial situation, the court often adopts an equal division. However, if alcoholism was associated with financial abuse or blatant neglect of duties, evidence showing the scale of losses may be significant.

Divorce from an Alcoholic and Deregistration – Does This Happen Automatically?

Divorce from an alcoholic does not mean automatic deregistration of the other party. As a rule, both spouses have rights to the premises, and changes in this regard can only result from court decisions (e.g., regarding the manner of using the apartment). Deregistration is therefore not obligatory and usually does not occur "ex officio" just because a divorce decree has been issued.

Separation Due to Fault of Husband as Alcoholic and Motion for Eviction of Alcoholic

Not everyone is immediately ready for divorce. In such a situation, separation is possible, which formalizes property separation but does not allow entering into a new marriage. It's worth bearing in mind that the court may refuse to decree separation if it finds that under the circumstances it would be contrary to the welfare of minor children. Eviction of a spouse, in turn, is an exceptional resolution and always requires a court decision. It may be considered in the course of divorce due to alcohol or separation when the behavior of one party blatantly hinders cohabitation. In practice, this particularly concerns situations threatening the health or life of household members, persistent violence, serious scandals, and constant violation of the principles of family coexistence. Strong evidence is important:

• police interventions

• Blue Card

• medical documentation

• witnesses

Husband-Alcoholic Does Not Agree to Divorce – Does This Block the Case?

Many people fear that if a partner-alcoholic does not agree to divorce, the case will be stuck for years. In practice, the lack of consent of the other party does not have to block the proceeding. The court primarily examines whether there has been a permanent and complete breakdown of marital cohabitation, and not whether one person wants the formal end of the marriage. If the relationship has actually stopped functioning and evidence confirms that the situation is permanent, divorce from an alcoholic can be decreed even despite the objection of the other party. In such cases, facts (including consequences of alcohol abuse) and consistent argumentation are significant.

Divorce Due to Alcoholism and Children – Alcoholism and Alimony and Contacts

When there are children in a marriage, divorce due to alcoholism always also touches on issues of care, safety, and stability of the youngest. Alcoholism and alimony is a topic that often appears in petitions, because the court decides on payments for children as well as on the manner of exercising parental authority and contacts. Alcohol abuse may be significant in assessing:

• whether the parent provides the child with safe conditions

• whether they are predictable

• whether they fulfill care and educational duties

In practice, it's worth preparing specific information and documents showing what care looks like in real life and how the atmosphere at home affects the child.

What to Do with an Alcoholic Husband When the Situation Worsens

It's worth saying clearly that addiction is a disease, but does not justify violence, control, or endangering household members. If there are scandals, threats, destruction of property, or risky behavior at home, the priority is your safety, the children's, and other loved ones'. In parallel, it's good to gather facts and evidence, because this helps both in the divorce case and in protecting children. If you live with an addicted person, you don't have to go through this alone – psychological support and psychotherapy for a codependent person at Nasz Gabinet (outpatient) helps regain a sense of security, set boundaries, and more calmly go through decisions related to divorce.

Do You Have Questions?

If you need support in a difficult situation related to your partner's alcoholism, contact our specialists. We offer:

• Addiction therapy for codependent people

• Alcoholism treatment – Esperal implant, alcohol detox

• Alcoholism pharmacotherapy - Nalmefene, Naltrexone, Acamprosate

• Alcohol detox - also with home visit

Call: 880 808 880 | Schedule appointment