Continuing our blog series Georgia’s thirteen statutory grounds for divorce according to O.C.G.A. § 19-5-3, here is ground number twelve.
Reason #12: Your spouse is addicted to drugs.
As discussed in the ninth installment of our series discussing the 13 reasons to divorce in Georgia, alcohol and substance abuse on the part of one spouse has the potential to seriously damage a marriage, and may have a disastrous impact on a family. As a result, not only is the habitual intoxication of one spouse a reason to seek divorce in Georgia, but the drug addiction of one spouse is also a reason to seek divorce in Georgia.
According to Georgia law, the “habitual drug addiction” of a spouse is a grounds for total divorce in Georgia. O.C.G.A. § 19-5-3(12). Specifically, a party seeking to obtain a divorce based on this twelfth grounds for divorce must show the other spouses’ addiction to one or more of the following controlled substances: narcotic drugs, marijuana, or stimulant drugs, depressant drugs, or hallucinogenic drugs. O.C.G.A. § 19-5-3(12); O.C.G.A. § 16-13-2(a). Similar to the ninth reason to seek divorce in Georgia, the statutory law allowing for divorce based on “habitual drug addiction” does not specify what rate of use qualifies as “habitual drug addiction.” However, Georgia case law addressing the application of O.C.G.A. § 19-5-3(9) (allowing for divorce based on habitual intoxication) may be consulted along with the plain meaning of the words “habitual” and “addiction” to conclude that a party seeking a divorce based on this basis must show a pattern of drug use by the other spouse to prevail.