15th Jun 25 3:09 am
JamieAccording to the National Institutes of Health (NIH), divorce among military personnel is correlated with various mental health issues. Specifically, the NIH found that recently divorced personnel were more likely to engage in binge-drinking and problematic alcohol-related behaviors. Newly-divorced personnel are also likely to start smoking for the first time. Alcohol and tobacco represent the primary abused substances in military life, and the National Institute on Drug Abuse (NIDA) states that prescription drug misuse has decreased among active duty personnel within the past few years. Nevertheless, alcohol abuse is still a serious issue – and it can have unique considerations for those navigating a military divorce. For many spouses, this abuse starts long before the divorce – and it may even have caused the marriage to break down. An experienced military divorce lawyer in Colorado may be able to help spouses understand the unique considerations of this issue. Consider contacting Colorado Divorce Law Group at (720) 593-6442 to learn more about this subject.
Substance abuse can affect child custody in Colorado, and this also applies to a military divorce. Family courts consider the best interests of a child when approaching child custody, and past addictions could become relevant in these determinations. If the court believes that a child would experience danger in the custody of a parent due to a substance abuse problem, that parent may have limited visitation rights after the divorce. The other parent may gain sole custody, and if this other parent is a service member, they may experience issues with their military career.
Generally speaking, it is difficult to become an active duty service member as a single parent. During deployment, childcare becomes a serious challenge – and the military is keenly aware of these issues. As a result, they may prevent service members from going on active duty as single parents. In this situation, it may be necessary to rethink the trajectory of a military career after divorce – perhaps transitioning to the National Guard or Reserves. These changes may make childcare responsibilities more feasible for single parents in the military. That said, active deployment may still be possible with a “Family Care Plan.” This essentially involves organizing other people (such as grandparents) to help with childcare during deployment.
Although Colorado family courts consider the potential harm of substance abuse when determining child custody, these addictions do not always represent a major threat to children. Although alcohol abuse is relatively common in the military, many service members can keep their addictions under control. For example, they might only start drinking once the children are asleep. They might also carefully avoid drinking on days when they have to pick up their kids from school. If the children were never exposed to alcoholism or endangered by it, family courts may not “punish” the addicted service member with less parenting time after the divorce.
Although civilian and military authorities once saw substance abuse as a crime, they mostly treat addiction as a mental health issue today. The U.S. Air Force Academy Legal Office in Colorado reminds service members that they have access to considerable mental health support when navigating a military divorce. This includes chaplains, counselors, Family Support Centers, and Mental Health Clinics. Often, these services are conveniently located on military bases. These services are also free for service members and their families, and the U.S Air Force Academy Legal Office recommends them before, during, and after divorce. In addition, counseling is always confidential due to strict “physician-patient privilege.”
In other words, service members can discuss the details of their addictions without worrying about this information becoming public knowledge. This could allow service members to address the psychological challenges of divorce and substance abuse while protecting their military careers. Even if service members admit to committing substance-related criminal offenses in the past, counselors are not allowed to repeat this information to anyone else. The same logic applies to divorce lawyers at established firms like Colorado Divorce Law Group. These legal professionals are also bound by “attorney-client” privilege, which makes discussions about substance abuse and divorce completely confidential.
Service personnel may want to consider mediation during a military divorce. Mediation offers numerous potential benefits, including speed, affordability, and greater control. Similar alternative dispute resolution (ADR) strategies include collaborative law and arbitration. For service members, the confidentiality of mediation may be particularly attractive. These negotiations occur in private, and spouses can discuss sensitive issues like substance abuse without worrying about damaging their public reputations. High-ranking military service members may want to avoid certain details about substance abuse becoming public knowledge. Remember, a divorce trial goes on public record in Colorado – allowing virtually anyone to access details regarding substance abuse.
Even new enlistees and low-ranking personnel may benefit from the confidentiality of divorce mediation. Technically speaking, a service member may be dishonorably discharged for certain kinds of substance abuse. The Uniformed Services University reminds personnel that drunkenness is a serious offense under the Uniform Code of Military Justice (UCMJ). Similar offenses include “disorderly conduct as a result of drunkenness,” “drunk on duty,” and “drunken operation of a vehicle.” Military Police (MPs) are free to act on any evidence of these offenses. Theoretically, they could learn of these past offenses through a public divorce trial. For example, a service member may be accused of being constantly drunk or hungover during a marriage – even when on duty. If this information becomes public, it could potentially lead to various consequences – including severe damage to military careers. Mediation keeps this information private, thereby allowing service members to protect their professional reputations.
Military divorce can be challenging, even without the added complication of substance abuse. However, enlisted service members can access numerous resources while they end their marriages – including experienced divorce attorneys in Colorado. Service members may want to choose lawyers who have specific experience with military divorce, as these professionals could have a better understanding of the unique considerations at play. With proper legal assistance, service members may be able to continue with their military careers, address substance abuse issues, and maintain ties with their children. To learn more about the next steps, consider contacting Colorado Divorce Law Group at (720) 593-6442.
