Legal Question in Family Law in Missouri

alcoholic husband

I am currently staying with my husband because I am afraid of what would happen if he got our children by himself. He is a alcoholic(but won't admit it). I often come home after working 3 hours to find he has drank 10 beers while watching the kids. Our youngest child is 5 months old. I feel like I can not leave because I am afraid he will either drink and drive with them(he has received 3 DWI's) or not wake up when the baby cries because he is passed out. He has never hit any of us because of drinking but he has tried to drive drunk with me and the kids in the car but I told him I would drive. I am wondering if I can get divorced and have him get limited visitation such as not overnight. I know he would fight that but unless I can I will not feel safe and will stay with him even though I am miserable. One thing that I have against me is that about 4 years ago I did cocaine for about three months and told him about it. I am afraid that the judge would not be willing to listen to me because of this. Please help me by telling me if there is a way out even though he would fight it just to get back at me or if there is hope of me having a happy life.


Asked on 10/03/01, 9:13 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: alcoholic husband

I am sorry to read about your current unhappy situation. However, you should not be confused. Attorneys are not in the business of providing their client's with happy lives. You alone are responsible for doing whatever it takes to make your life and your childrens' lives happy and safe, as it appears that you are trying to do.

If you have not already been to counseling, such as relationship counseling, marriage counseling, or co-dependency counseling, I would suggest that you look into it. There are various agencies which help people like you get help.

If you are simply ready to seek a divorce, then an attorney is the person you need to see. In Missouri you do not even need to allege anything bad about each other in order to get divorced. You must simply swear that the marriage is irretievably broken. Marital misconduct, such as his alcoholism or your past drug use, may enter into the case in a variety of ways, but it will not if the two of you can work out a settlement.

If both of you are intent on convincing the Judge how bad the other person is, the Judge may decide that it is in the childrens' best interests to be placed in a foster home, and I doubt that either of you would want that to happen. In many divorces the attorneys and the Judge will find a way to protect the safety of the children while allowing them to maintain a meaningful relationship with each parent, so long as the parents are reasonable and responsible. I have handled several hundred divorces over the last twenty-three years. I would be willing to give you a free telephone consultation if you would call me at 314-727-2822. Then if you would like for me to represent you we can discuss the necessary financial arrangements and make an appointment. In any event, I wish you the best of luck.

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Answered on 11/21/01, 10:21 pm


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