A Rhode Island Divorce Lawyer's Tip on Alcoholism

As a Rhode Island Divorce Lawyer perhaps one of the more controversial issues I've dealt with is the case of the alcoholic spouse or parent. 

Officially, the policy statement of the Rhode Island family court is stated on their Family Counseling Unit Services form which is filed with every divorce.  The Family Court's policy statement reads as follows:

Policy Statement:  The Family Court recognizes alcoholism as an illness and that such drinking problem is treatable and that entering treatment or counseling will not be prejudicial to legal issues in the court.  The court is sensitive to the family problems raised by problem drinking and wishes not to be considered an obstacle to help in these matters.

The question for Rhode Island divorce and family law lawyers is whether to simply explain to clients that they should simply accept this as the court's policy, or whether to advocate that they take whatever position serves their ends in family court.

The issue is more problematic when personal beliefs conflict with family court policies.  This is true both for the individual who chooses to represent himself or herself as well as Rhode Island divorce lawyers who may disagree with policy.

Neither those who represent themselves in court nor divorce lawyers in Rhode Island are required to conform their own personal or professional beliefs to the family court's policy statements.  These policy  statements merely set forth the family court's view as a governmental body to the treatment of . . in this case. . . alcoholism in matters before the family court.

It would not surprise me if there are perhaps many individuals and even many Rhode Island divorce lawyers and family law practitioners who disagree with the treatment of alcoholism as an "illness."   This may be perhaps because the use of other drugs, whether by prescription or otherwise are thought of more along the lines of a voluntary addiction than is alcoholism.  It is as yet an unanswered question to many as to why only "alcoholism" is the subject of a policy statement on an official court form.  Is alcoholism deserving of special treatment when there are addictions and illnesses that are just as prominent and just as devastating to families in divorce and other situations.

In the end, the best bet for Rhode Island family lawyers and individuals who seek to represent themselves is to take the position that best furthers their case in family court whether it is contrary to the policy statement or not.