If one party in a marriage becomes addicted to habitual drunkenness after the two tie the knot, the other party is permitted to use this as their reasoning for filing for divorce. The truth is, alcohol can have a significant impact on a marriage and can eventually lead to two parties splitting up. According to several studies that were conducted, alcohol use in a marriage has been linked to “dissatisfaction, negative marital interaction patterns, and higher levels of marital violence.”1
If an individual chooses to file for divorce, basing their reasoning for filing on their spouse’s addiction to habitual drunkenness, they may need to provide evidence to the court that shows it was their spouse’s conduct that led to the breakdown of their marriage. If an individual does not wish to go through the trouble of having to do this, they always have the option of filing for a no-fault divorce.
What is a no-fault divorce?
A no-fault divorce is when a spouse files for divorce and is not required to prove their husband or wife did something wrong. Instead, they can cite that there has been an “irretrievable breakdown of the marriage and that further attempts at reconciliation are impractical or futile and are not in the best interests of the parties or family” [Source: Alabama Code § 30-2-1]. Now, before an individual decides what reasoning, or ground, they want to use when they file for divorce, they are encouraged to consult with an Alabama divorce attorney first.
A divorce lawyer will be able to help an individual determine whether they should file a no-fault divorce or if they should use “habitual drunkenness” as their reasoning for filing. In some cases, it might benefit an individual to provide the court with their true reason for filing as this could help them obtain more custody time if the other parent is not fit to care for their children. Additionally, if the spouse has used a substantial amount of the couple’s funds to support their drinking habit, they may be able to use this to support why they should be awarded certain assets.
Considering filing for divorce in Alabama?
If an individual is considering filing for divorce in Alabama or is ready to get the process started, they can contact Hill, Gossett, Kemp & Hufford, P.C. for legal guidance. Divorces can be confusing and stressful which is why it benefits an individual to have a lawyer there to guide them and help them get through it. To receive assistance with filing for divorce or to discuss some of the more pressing matters that will need to later be addressed (i.e. alimony, child custody, etc.), contact Hill, Gossett, Kemp & Hufford, P.C.
Disclaimer: No representation is made that quality of legal services provided is greater than the quality of legal services provided by other attorneys.
Hill, Gossett, Kemp & Hufford, P.C. can be reached at:
2603 Moody Parkway, Suite 200
Moody, Alabama 35004
Phone: (205) 640-2000
7900 Parkway Drive
Leeds, AL 35094
Phone: (205) 699-5500
6441 U.S. Highway 11
Springville, Alabama 35146
Phone: (205) 467-2225