Carambat v. Carambat: In this case, the court accepted the evidence that the husband had been using drugs for a long time as a ground for divorce.
By Laura Morgan, Family Law Consultant
Evidence that husband began smoking marijuana at age 14 and that use continued to age 55, together with husband’s admission that drug use was habitual and frequent, supported finding of habitual use of opium, morphine, or other like a drug, as a ground for divorce.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com
In family law, addiction to alcohol, drugs, or compulsive behaviors such as gambling are present in a significant percentage of cases. From a purely legal standpoint, whether someone has a problem and is – or is not – addressing it can affect the outcome of their case. As a lawyer, you may be in a position of influence when a client is in trouble – either because they are the person with the direct problem or because they are affected by it. In this article, we will explore the issues of addiction and dependency and discuss ways in which lawyers may have an impact on colleagues with addiction issues.
Mental health issues, when present, require treatment, and the divorce process may exacerbate that condition. Therefore, it is advisable that a person who is going through a stressful event such as a divorce have people around them with a thumb on the pulse of their condition. Attorneys representing such clients should coordinate and consult with mental health professionals – particularly those with expertise in the impact of mental illness on divorce and vice-versa – who can advise attorneys on how to identify mentally-ill clients early in the divorce process, and then address the client’s situation and behavior so it doesn’t derail the process.