Mississippi Criminal Law BlogAlcohol addiction can quickly tear a family apart. It is important that people who struggle with addiction get proper treatment to help them overcome their addiction. It is equally important for innocent spouses to consider divorce in instances where the other spouse’s alcohol usage places a heavy burden on the marriage. When you are ready to leave your spouse and file for divorce, one of the ways you can do it is by showing that your spouse is a habitual alcohol user, and this alcohol addiction negatively impacts your marriage and family life.
How to Prove Habitual Drunkenness
One way of filing for divorce in Mississippi is to file based on some marital fault. This simply means that the spouse filing for divorce claims that the other spouse did something wrong or engaged in harmful behavior, and that wrongdoing is the direct cause of the divorce. One of the marital faults that a divorce can be based on is habitual drunkenness. To show habitual drunkenness, the spouse filing for divorce must show that (1) their spouse is frequently (habitually) drunk, and (2) this frequent drunkenness negatively affects the marriage and family life.
First, the spouse filing for divorce needs to show that their spouse is frequently (or habitually) drunk. Although there is not a specific measure of how frequently the spouse must be drunk, courts have held that having multiple drinks every single day would be sufficient. Recreational or occasional drinking will not be enough. In the typical case of divorce based on habitual drunkenness, the spouse at fault is drinking heavily most days or every single day and has become dependent on alcohol to function.
Secondly, the spouse filing for divorce needs to show that there is a breakdown in the marriage because of alcohol, and that the other spouse’s alcohol dependency negatively affects their marriage and family life. Of course, addiction and alcohol dependency can affect a marriage and family life in a number of ways. The spouse filing for divorce can show that when the other spouse drinks, they become abusive, threatening, or violent. The spouse filing for divorce can also show that the other spouse’s alcohol dependency makes them neglectful as a parent or that alcohol use negatively affects their employment status or income.
Habitual drunkenness is not an easy case to prove because the offending behavior often takes place in the privacy of the couple’s home, with few, if any, witnesses other than the parties. If possible, the spouse filing for divorce should collect videos of how the other spouse acts when they are drunk, keep a log of how frequently and to what extent the other spouse is using alcohol, and put together a list of friends and family who have witnessed the other spouse’s frequent drinking and their behavior when drinking.
Finding an Attorney
If you have been searching the Mississippi area for a qualified, experienced divorce attorney, look no further than Vic Carmody Jr., P.A. Our firm can handle your case with a balance of compassion and confidence to guide you through one of the most difficult times a person can go through. Contact us today for a free consultation to discuss your case and learn about your options.
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