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Can a spouse move for a divorce under the ground of habitual drunkenness?

Can a spouse move for a divorce under the ground of habitual drunkenness?

Q: What percentage of marriages end in divorce due to alcoholism?

While specific statistics can vary, studies suggest that alcoholism is a contributing factor in approximately 30% of divorces. Alcohol abuse can create significant strain on relationships, leading to issues such as emotional distress, financial problems, and breakdown of communication, which often result in divorce.

Q: What does habitual intoxication mean?

Habitual intoxication refers to a pattern of regularly being under the influence of alcohol or drugs to the extent that it disrupts daily life and responsibilities. In legal terms, it can indicate a dependency that negatively affects relationships, potentially serving as grounds for divorce in states like South Carolina.

Q: How many years do you have to be married to get alimony in South Carolina?

In South Carolina, there is no specific minimum duration of marriage required to qualify for alimony. However, the length of the marriage can influence the amount and duration of alimony awarded. Courts consider various factors, including the financial needs of the requesting spouse and the other spouse's ability to pay.

Q: Is emotional abuse grounds for divorce in South Carolina?

Yes, emotional abuse can be grounds for divorce in South Carolina. While it may not be explicitly listed as a ground under S.C. Code Ann. § 20-3-10, emotional abuse can contribute to claims of physical cruelty or can be part of the broader context of a marriage breakdown, justifying a divorce.

Full question:

My wife and I live in South Carolina. We are married for five years. My wife is a habitual drunkard and is addicted to drugs. I want to file a divorce. Under what ground can I file a divorce?

Category: Divorce
Subcategory: Grounds
Date: 04/07/2025
State: South Carolina

Answer:

In South Carolina, there are several grounds to move for a divorce. Habitual drunkenness and habitual use of any narcotic drug is a ground for divorce.

S. C. Code Ann. § 20-3-10 lays down grounds for divorce. It reads:

“No divorce from the bonds of matrimony shall be granted except upon one or more of the following grounds, to wit:
     (1) adultery;
     (2) desertion for a period of one year
     (3) physical cruelty;
     (4) habitual drunkenness; provided, that this ground shall be construed to include habitual drunkenness caused by the use of any narcotic drug; or
     (5) On the application of either party if and when the husband and wife have lived separate and apart without cohabitation for a period of one year. A plea of res judicata or of recrimination with respect to any other provision of this section shall not be a bar to either party obtaining a divorce on this ground.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is considered a habitual drinker?

A habitual drinker is someone who regularly consumes alcohol to the point that it affects their daily life and responsibilities. This can include frequent intoxication, dependency on alcohol, and negative impacts on relationships, work, or health. In legal contexts, habitual drunkenness may be grounds for divorce if it leads to significant issues in the marriage.

What percentage of marriages end in divorce due to alcoholism?

Is habitual drunkenness grounds for divorce?

Yes, habitual drunkenness is considered grounds for divorce in South Carolina. Under S.C. Code Ann. § 20-3-10, a spouse can file for divorce if their partner is habitually drunk, which includes being under the influence of drugs. This behavior can significantly impact the marriage and is recognized legally as a valid reason for divorce.