If issues of substance abuse are part of your divorce, they can affect everything from negotiations to parenting decisions. Your focus should be on safety, structure, and clear boundaries, especially if you have children. Choosing the right divorce process can protect your interests while working toward a fair resolution.
Start with Safety and Awareness
If you are dealing with a spouse with alcohol or substance abuse issues, you need to understand that it can impact every part of your divorce. It can affect how negotiations happen, whether agreements can be reached, and most importantly, how parenting arrangements are structured.
Your priority should be safety, especially for your children. If there are concerns about impaired judgment, you may need safeguards to ensure your children are not put at risk.
Adjust How You Communicate and Negotiate
You may find that traditional negotiations do not work well when there is substance abuse. If your spouse cannot participate in discussions, you may need to adjust your process.
For example, you might:
- Schedule discussions during times when your spouse is more stable
- Avoid face-to-face meetings and communicate through lawyers
- Include a trusted third party to support the conversation
In some cases, despite your best efforts, negotiation may not be possible. If that happens, you may need to turn to the court to make decisions. While that is not ideal, it may be necessary to ensure a fair and safe outcome.
Put Clear Parenting Safeguards in Place
When you have children, you need to be especially careful. Parenting plans can include specific conditions to protect the children, such as:
- No parenting time while under the influence
- Breathalyzer or sobriety checks before pick-up
- Restrictions on substance use when children are present
- Safe storage of alcohol or drugs
These measures are not punishment; they are about creating a safe and predictable environment for your children.
If You Are the One Struggling with Substance Abuse
If you are dealing with substance issues yourself, you need to be proactive. Your behavior during the divorce will matter.
You should:
- Be honest with your lawyer
- Take steps to address the issue (counselling, treatment, support groups)
- Demonstrate consistent, improved behavior over time
Your goal is to show that whatever may have happened in the past is not continuing. Courts and lawyers look for patterns, and positive change over time will make a meaningful difference.
Why the Divorce Process Matters
Consider using Mediation or Collaborative Divorce as the process for handling your divorce. These divorce processes create a safer space to address sensitive issues without turning them into legal “weapons.”
In these settings, you can work together to create practical, respectful solutions, like clear guidelines around substance use without escalating conflict. In contrast, litigation makes these issues more adversarial and harder to resolve constructively.
Contact Miller Boileau Family Group
The right guidance will help you understand your options, protect what matters most, and move forward with confidence. Contact Miller Boileau Family Law Group office to schedule a consultation and learn which divorce process is right for you at (780) 482-2888.
Miller Boileau Family Law Group is located at 10981 127 St. NW, Edmonton, Alberta, T5M 0T1
Frequently Asked Questions
Q1: What if my spouse denies they have a substance abuse problem?
This is common. You can still put safeguards in place based on behavior and concerns. If necessary, the court can order assessments or impose conditions.
Q2: Will substance abuse automatically affect custody or parenting time?
Not automatically, but it can. The court’s focus is always the best interests of the child, including safety and stability.
Q3: Can someone improve their position during their divorce if they seek help?
Yes. Taking responsibility and showing consistent improvement over time can positively influence outcomes.
Early in her legal practice, influenced by her late uncle who was a Justice of the Court of Queen’s Bench, Marla Miller, K.C. became a Family Law Mediator. She has been helping families through mediation for over 30 years. In 2001 she, along with Pierre Boileau, K.C. and others, was one of the founding members of the Association of Collaborative Professionals (Edmonton). She has been an active volunteer with that Association ever since.
One of the first Family and Divorce Lawyers in Edmonton to make a commitment to give up litigation as an option, Marla remains passionate about helping her clients settle outside of court by finding agreements that meet their needs and interests. As both a Registered Collaborative Family Lawyer and a Registered Family Mediator, Marla is one of the most experienced family Mediators in Edmonton.