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DuPage County divorce attorney asset division

Millions of adults struggle with addiction and substance abuse problems in the United States. Sadly, drug and alcohol addiction can make someone a shell of who he or she was before the addiction began. Being married to an alcoholic or drug addict is often just as miserable as having the addiction yourself. In some cases, salvaging a marriage that has been devastated by drug and alcohol addiction is simply not a possibility. If you are planning to divorce your spouse and he or she has a substance abuse problem, it is important to educate yourself about how your spouse’s addiction may influence your divorce case.

Addiction May Impact Asset Division

Illinois is now a pure no-fault state when it comes to divorce. This means that you will not list your spouse’s addiction or any other fault-based grounds as the reason for your divorce. When you petition the court for a dissolution of marriage, the only ground available to you will be “irreconcilable differences.” However, your spouse’s addiction still has the potential to influence your divorce settlement. If your spouse spends a great deal of money or sells any property to finance his or her addiction, you may have a valid dissipation claim. Dissipation occurs when a spouse uses marital funds for a purpose that does not benefit the marriage after the marriage has begun to experience an “irretrievable breakdown.” The funds your spouse spends on drugs or alcohol during the end of your marriage may be considered dissipated assets. This means that you may be entitled to a proportionally greater share of the marital assets during property division as a form of reimbursement.

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From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree