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How do I legally separate from my husband who has an alcohol abuse problem?

How do I legally separate from my husband who has an alcohol abuse problem?

Full question:

I would like to find out about a legal separation regarding my husband’s alcohol abuse. I would like him to get help for this. He feels he does not have a problem.

Category: Divorce
Subcategory: Separation Agreements
Date: 04/07/2025
State: Michigan

Answer:

Michigan permits an action for separate maintenance. It is filed in the same
manner and on the same grounds as for divorce. However, when the
matter is concluded, a Judgment of Separate Maintenance will be entered
and the parties remain technically married. When one divorces and receives
a Judgment of Divorce, they receive a divorce from bed and board and from
the bonds of matrimony. A Judgment of Separate Maintenance grants a
divorce from bed and board but not from the bonds of matrimony. Marital
property will be divided and the court may order spousal support. If either of
the parties desires an absolute divorce, it will be granted accordingly.
An action for separate maintenance is often mistaken for a legal separation.
There is no such thing as a legal separation in Michigan.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How to deal with a lying alcoholic husband?

Dealing with a lying alcoholic husband can be challenging. Start by expressing your concerns calmly and honestly. Encourage him to seek help, such as counseling or support groups. Setting boundaries is essential for your well-being. Consider joining support groups for spouses of alcoholics, like Al-Anon, where you can share experiences and gain support. If the situation becomes unmanageable, you may need to consult a legal professional to explore options like separate maintenance or divorce.

How do you prove alcoholism in a divorce?

To prove alcoholism in a divorce, gather evidence such as medical records, witness statements, and documentation of alcohol-related incidents. You might also consider using a substance abuse evaluation conducted by a professional. This information can help establish the impact of alcoholism on the marriage and may influence custody and support decisions. Consulting with a family law attorney can provide guidance on how to present this evidence effectively.

What is proof of alcohol abuse?

Proof of alcohol abuse can include a variety of evidence such as police reports, medical records, and documentation of missed work or family responsibilities due to drinking. Testimonies from friends, family, or professionals can also support claims of alcohol abuse. In legal contexts, a substance abuse assessment from a licensed professional may be necessary to establish the severity of the issue.

How to prove alcohol abuse in divorce?

To prove alcohol abuse in a divorce, compile evidence such as photographs, text messages, or emails that demonstrate problematic behavior. Keep records of any incidents involving law enforcement or medical emergencies related to alcohol use. Witness statements from family or friends can also be helpful. It’s advisable to work with an attorney who can assist in gathering and presenting this evidence in court.

What is the program for spouses of alcoholics?

Programs for spouses of alcoholics, such as Al-Anon, provide support and resources for those affected by someone else's drinking. These programs offer meetings where individuals can share their experiences, learn coping strategies, and find emotional support. They focus on helping spouses understand their situation and regain control over their lives, regardless of whether the alcoholic seeks help.