Can I divorce my husband because he does drugs?

In many states that require fault grounds for a divorce, drug habits may be listed as a reason for filing. Although drug abuse may be listed as a ground, some jurisdictions do not specify how severe the problem must be to file. Other states do elaborate about the required severity of the habit, such as the following

• In Georgia, Illinois and Mississippi, the petitioner must allege that the drug use is habitual
• In Arkansas, drug use may be asserted as a ground for divorce if the habit has lasted for one year
• In North Carolina, an excessive use of alcohol or drugs becomes ground when the habit is so bad as to render the condition of the other spouse's life intolerable and burdensome 
• Not every state provide a drug habit as a ground for divorce

Proving Fault

A spouse filing for a fault divorce has the burden of proving that ground. In most cases, casual drug use would not be sufficient to file for divorce. The petitioner must show that the respondent’s drug use materially affected the marriage to its detriment.  Examples of a detrimental effect might include the following:

• Loss of employment because of drug use
• Conviction of crime because of drug use such as driving while under the influence
• Dissipation of marital assets through drug use 
• Multiple unsuccessful drug treatments

Other Grounds

If your husband is a drug user, but the habit does not meet the statutory level of severity, or if drug use is not allowed as a ground for divorce in your state, you should consider looking for other grounds. If your state provides no-fault grounds, you can assert irreconcilable differences. If your husband's drug habit makes him physically or mentally abusive, you may file on these grounds.

Talk with an experienced divorce attorney to discuss grounds for divorce in your case.