Spouses make a promise at marriage to work together as a team in marriage. If one of the spouses cannot keep up those promises due to constant substance abuse, the marriage does not function. Substance abuse can come in many forms; one of those being habitual drunkenness. If you or your spouse fall under that category, you or your spouse has legal grounds for an ‘at-fault’ divorce under South Carolina law.
Habitual Drunkenness: Grounds for Divorce?
It’s important to understand that you must have serious evidence for a habitual drunkenness claim. One spouse cannot simply be drunk once or twice, or have made a fool of themselves in public. Instead, South Carolina courts are concerned with serious substance abusers.
“A Breakdown of Everyday Life”
For example, a spouse wakes up and drinks a handle of whiskey on the way to work. During work, they get so ill and tired that they leave and drive home. Before getting to the house, they stop at the bank and take money out of a savings account in order to buy more alcohol. They go home, drink all the alcohol, and pass out. This behavior continues for around two months. Obviously, the above is an extreme example. But, the example demonstrates what courts define as “a breakdown of everyday life.”
Courts analyze all the facts from both parties to determine if a spouse is “habitually drunk.” In a real-life example, Epperly v. Epperly, the Supreme Court of South Carolina had conflicting evidence about a husband’s drinking habits. The court determined that the judge would make the final decision about the witness’s credibility. Therefore, the judge looks at all the evidence presented to determine if a party is abusing a substance. Once again, that abuse must provide facts supporting the breakdown of a normal life.
Substance abuse causes harm to a marriage, and to a family
Therefore, a divorce under these conditions absolutely should place fault on one party versus the other. A marriage is a partnership; one in which both partners should carry a reasonable amount of weight. Every marriage is different, but this is one long-standing fact. So, if you find yourself in a situation where either you, or your spouse, are engaging in habitual drunkenness— it’s important to consider what comes next, and what might come of the marriage itself. We wish you luck as you move forward!
