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Georgia Grounds for Divorce – Habitual Drug Addiction

Publish Date: 09/27/2010

In Georgia, parties cannot obtain a divorce except on one of 13 grounds allowed by law,the twelfth of which is "[h]abitual drug addiction." OCGA ยง19-5-3(12).

"Habitual drug addiction" is defined in the statute as addiction to the following controlled substances: narcotic drugs, marijuana, or stimulant drugs, depressant drugs, or hallucinogenic drugs.OCGA 19-5-3(12); OCGA 16-13-2(a). There must be a pattern of drug use resulting the party's addiction to the controlled substance. The terms "habitual" and "addiction"imply that a one-time use of a controlled substance will not be sufficient to obtain a divorce under this ground.

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