Substance abuse is a growing problem in the United States. The impact hits everyone, including families. It might not be surprising that around 35% of marriages end because of substance abuse. 

Here’s the problem, though: proving substance abuse in court isn’t always easy. And, knowing how to prove substance abuse in court when you’re getting a divorce could impact the outcome of some decisions. 

Let’s dive into what you need to know for your divorce case. 

How to Prove Substance Abuse in Court: Gather Evidence

Gathering solid evidence is key. This can take several different forms. Let’s discuss a few. 

Arrest Reports

Arrest reports detail the circumstances surrounding an individual’s arrest for drug-related offenses such as possession or driving under the influence.

They can serve as compelling evidence to demonstrate a pattern of behavior involving substance abuse. Additionally, they can help illustrate the potential risks and dangers associated with the use of drugs or alcohol.

Witness Testimony

Witnesses who have observed firsthand the effects of substance abuse on the individual or their family can provide crucial insights.

Their accounts carry weight in court proceedings and can help paint a clear picture. It’s essential to gather testimonies from credible sources willing to testify truthfully about what they have seen or experienced.

Failed Drug Tests

These tests provide concrete results that show the presence of drugs or alcohol in an individual’s system at a specific point in time.

Failed drug tests can be administered through various methods, such as urine, blood, nail or hair follicle testing. Each test type has its advantages and detection windows, allowing for a comprehensive substance use assessment over time.

Substance Abuse Evaluations

Alcohol and Other Drug (AOD) evaluations are conducted by professionals trained to assess an individual’s substance use habits and identify any potential addiction issues.

During the evaluation process, the evaluator will typically conduct interviews, review medical records, and administer tests to determine the extent of the individual’s substance abuse. This comprehensive assessment can provide concrete evidence to support your claims in court.

Show the Impact on Parenting

Documenting instances where parental substance abuse has jeopardized a child’s safety or well-being can strengthen your case. Providing concrete examples and evidence will help illustrate why addressing substance abuse is crucial in ensuring a healthy environment for children during and after divorce proceedings.

How Can an Attorney Help? 

An attorney with experience in these cases will know how to:

• Gather compelling evidence.
• Navigate the legal system effectively.
• Advocate for your rights and the well-being of your children.

They can assist you in presenting a solid case that highlights the impact of substance abuse on parenting abilities and overall family dynamics. By enlisting the help of a knowledgeable divorce attorney, you increase your chances of successfully proving substance abuse during divorce proceedings.

Let Doerner Help With Your Divorce Case

Knowing how to prove substance abuse in court can help when you’re filing for divorce. However, you don’t need to walk this path alone. 

At Doerner, we’re known for skillful problem-solving and effectively representing clients with complex legal issues. We’re ready to help you with your case. Schedule a consultation today.