( 300+)Although infidelity and money problems dominate media headlines, alcohol abuse is also a leading cause of divorce. When one spouse drinks too much, the marriage experiences strain. A host of other issues often come along with alcoholism, such as medical expenses, gambling, and job loss.
If your spouse is an alcoholic and the end of your marriage is on the horizon, then you are probably curious about how to prove alcoholism in a divorce. Our Greenville, SC divorce lawyer explains more in this article and encourages you to contact us with questions.
Why Alcoholism Matters in a Greenville, South Carolina Divorce
Alcoholism can impact a divorce in various ways:
- Habitual drunkenness is one of the grounds for an at-fault divorce under South Carolina Code § 20-3-10.
- Alcoholism can influence a court’s child custody decisions by showing one parent is a risk to the children.
- Problems with alcohol can impact alimony or the division of marital property if the alcoholism caused financial harm.
Let’s look at these three reasons in greater detail.
What is Habitual Drunkenness and How Does it Impact an At-Fault Divorce?
Most divorces are no-fault in South Carolina. A couple lives separately and apart for at least one year and then files for divorce.
However, habitual drunkenness is grounds for an at-fault divorce that you might raise when filing. In theory, you could divorce faster by raising it than by waiting one year.
Typically, you need to show repeated heavy drinking, not the occasional bender. Repeated episodes of heavy drinking should lead to the breakdown of your marriage. Often, our clients need to testify about their spouse’s drinking and how it negatively impacted the marriage.
Alcoholism in Child Custody Cases in Greenville, SC
Judges decide custody cases based on the child’s best interests. Certain factors go into the analysis, including each parent’s physical and mental health, as well as the safety of the home.
A parent who is an alcoholic is a threat to a child’s safety and well-being. A judge is extremely interested in whether a parent has a chemical addiction. You can raise this issue even if you are not seeking a divorce based on habitual drunkenness.
Alcoholism and Marital Property and Spousal Support (Alimony)
Drunkenness can matter when it comes to receiving alimony or marital property. Your spouse might have wasted assets while getting drunk. What’s more, alcoholics sometimes waste assets while drunk through gambling or getting into accidents, which wreck their vehicles.
If your spouse did not work, then this factor could play a role in the division of property. Judges seek an equitable or fair division. A spouse who spent all their time at home drunk will probably receive less property than the spouse who went to work every day.
How to Prove Alcoholism In a Divorce
Anyone seeking a divorce can raise alcoholism as a reason for seeking custody or receiving alimony. However, you will need solid evidence. A judge will give your own testimony some credit, but it’s best if you can corroborate it.
Some evidence includes:
- Police reports. Did the police arrest your spouse for drunk driving or causing a disturbance while intoxicated? This is powerful evidence that your spouse has a drinking problem.
- Medical records. Over time, alcoholism can lead to certain medical conditions, such as cirrhosis of the liver. We can seek to introduce medical records to document the effects of alcoholism.
- Witness testimony. Friends and family members can testify that they saw your spouse repeatedly drunk. Ideally, your witnesses will not be related to you, since a judge might think a relative is biased in your favor.
- Video or photographs. You might have documentary evidence showing your spouse intoxicated in public, during the holidays, or at weddings. Share any photographs or videos with your divorce lawyer.
Typically, we rely on a combination of evidence when making a case. Some people even admit they have an alcohol problem.
Court-Ordered Testing in Greenville, SC
South Carolina Code § 63-15-225 empowers courts that are deciding child custody cases to order a parent to undergo drug testing. A court will first need to find a preponderance of the evidence that substance abuse currently exists.
Testing can take many forms, such as regular urine or hair tests. In South Carolina, a judge might also order the use of remote monitoring tools like Soberlink.
Soberlink provides real-time monitoring. One problem with urine tests is that people generally know when testing will occur, and in any event, alcohol can pass through a person’s system in 24 hours.
Soberlink is like a portable breathalyzer. When notified, the monitored person will blow into the device, which uploads the results within seconds. That means your lawyer and court personnel can quickly access the results.
To request court-ordered testing, talk with your attorney. We might file a motion with the court to request monitoring, which can strengthen the claim your spouse is dealing with alcoholism.
A Judge Can Order Mutual Testing
Anyone making allegations of alcoholism in child custody cases or divorce should know a judge can also require the accuser to undergo testing, too.
Be sure to tell your divorce lawyer of any substance abuse problems you have dealt with in the past, or current problems.
Elliott Frazier—excels at helping clients surmount their problems. To strengthen your child custody argument, you might need to enter a treatment program to show you are getting on top of your addiction. Evidence of overcoming addiction, such as testimony from a priest or other faith leader, is critical to success.
Speak with Our Greenville, SC Divorce Lawyer Today
Alcoholism claims lives and leads to the breakup of too many marriages. If your spouse has a drinking problem, then it might be time to end the marriage and protect your children.
Call our office at 864-635-6323 for assistance or if you just want to talk about legal options. Not everyone is ready to march into court today, and we understand that. Let us discuss what steps to take over the coming months to help you decide if it is time to end your marriage. We help anyone in the 29605 zip code.
