Divorcing a spouse who struggles with alcoholism presents unique challenges—emotionally, financially, and legally. At The Sherman Law Group, we’ve helped countless clients navigate the legal system when addiction affects their marriage.
This guide answers 100 of the most frequently asked questions about divorce and alcoholism in Georgia.
Whether you are concerned about child custody, financial stability, or how addiction will affect your divorce case, we provide clear answers rooted in Georgia law.
Alcoholism and Grounds for Divorce
- Is alcoholism grounds for divorce in Georgia?
Yes. Georgia recognizes "habitual intoxication" as a fault-based ground for divorce under O.C.G.A. § 19-5-3. - Do I have to prove my spouse is an alcoholic?
Only if you're filing a fault-based divorce. You’ll need evidence like arrest records, rehab documentation, or witness testimony. - Can I still get divorced if I don’t have proof of alcoholism?
Yes. Georgia is also a no-fault divorce state. You can cite “irretrievably broken” as the reason. - What if my spouse denies having a drinking problem?
You can still file for divorce and present evidence in court if you are pursuing a fault-based divorce. - Will the court order alcohol testing?
Yes, the court can order drug or alcohol testing if substance abuse is relevant to custody or safety.
Alcoholism and Child Custody
- Can I get sole custody if my spouse is an alcoholic?
Possibly. The court prioritizes the best interest of the child, and alcohol abuse can heavily influence custody decisions. - What evidence do I need to prove my spouse’s drinking affects parenting?
Text messages, social media posts, police reports, rehab records, and testimony can help. - Will the court require supervised visitation?
Yes, if there’s concern for the child’s safety due to alcohol abuse. - What if my spouse drinks but has never harmed the kids?
The court still evaluates whether alcohol use impairs parenting capacity or poses a risk. - Can I limit overnight visitation due to alcohol abuse?
Yes. You can request it in your parenting plan, and the court may approve if it’s in the child’s best interest.
Alcoholism and Visitation Rights
- Can an alcoholic parent get visitation?
Yes, but visitation might be restricted, supervised, or contingent on sobriety. - Can I require my ex to be sober during visitation?
Yes. Courts can require sobriety during visitation and may impose random testing. - What happens if my ex shows up drunk to a visitation?
Call law enforcement and document the incident. You may seek a modification of visitation. - Can I request a breathalyzer before visitation begins?
Yes. This can be included in a court order or custody agreement. - What if my child doesn’t feel safe around the alcoholic parent?
Children’s preferences are considered, especially for children over age 14, per O.C.G.A. § 19-9-3(a)(6).
Alcoholism and Child Support
- Will alcoholism affect child support?
Not directly. Support is based on income. However, alcohol abuse can affect employment and earning capacity. - Can the court impute income to an alcoholic spouse who’s unemployed?
Yes, if unemployment is voluntary or due to misconduct like substance abuse. - What if my spouse spends child support on alcohol?
You can file for contempt or request a change in support structure, such as payments through wage garnishment. - Can I request child support be paid to a third party or managed account?
It’s rare but possible in extreme situations where misuse is proven. - Does alcoholism reduce a parent’s financial responsibility?
No. Obligations remain regardless of personal habits.
Alcoholism and Spousal Support (Alimony)
- Will I get more alimony if my spouse is an alcoholic?
Maybe. The court considers marital misconduct in determining alimony awards. - Can alcoholism disqualify my spouse from receiving alimony?
If it contributed to the breakdown of the marriage, it may impact alimony eligibility. - Can I be ordered to pay alimony to an alcoholic spouse?
Yes, if they qualify based on need and ability to pay—but their alcoholism may factor into the amount. - Can I ask for alimony in a lump sum if I fear misuse?
Yes, lump-sum alimony can sometimes be negotiated or ordered. - Can a court order treatment instead of alimony?
Not directly, but treatment may be part of a settlement or visitation requirement.
Alcoholism and Property Division
- Will alcoholism affect how property is divided?
Possibly. If alcohol-related conduct caused financial damage, it can affect equitable division. - What if my spouse spent marital funds on alcohol or DUIs?
You may seek reimbursement or an unequal division of assets. - Is spending money on alcohol considered dissipation of assets?
Yes. Courts may compensate the non-abusing spouse in the final division. - Can I get more of the marital home if I’ve protected the family from my spouse’s drinking?
Possibly. Contributions and misconduct both affect division decisions. - What if alcoholism led to job loss and financial instability?
That’s relevant in dividing property, setting support, and allocating debt.
Alcoholism and Debt Division
- Will my spouse’s alcohol-related debts be considered marital?
Debts incurred during the marriage are usually considered marital, but courts may allocate them unequally if tied to addiction. - Can I be forced to pay for my spouse’s rehab bills?
If paid with marital funds, you may indirectly share that cost. However, courts can account for fairness in overall division. - What about credit cards used for alcohol purchases?
You can argue this was wasteful spending and not in furtherance of the marriage, which may impact division. - Does a DUI-related car accident affect division of marital assets?
Yes. Financial loss from DUIs may influence the division, especially if insurance didn’t cover the damage. - Can I protect my credit from my alcoholic spouse?
Yes. Close joint accounts and notify creditors as early as possible in the divorce process.
Protecting Children During and After Divorce
- Can I get an emergency custody order if my spouse is drinking around the kids?
Yes. File an emergency motion with the court, especially if children are in immediate danger. - Should I call DFCS if my spouse is endangering the children?
If the child’s safety is at risk, yes. Document all concerns thoroughly. - Can the court order parenting classes or alcohol counseling?
Yes. Georgia courts can mandate treatment or parenting support in custody cases. - What role does a Guardian ad Litem play in these cases?
They investigate custody concerns and make recommendations to the court, often used when substance abuse is involved. - Can I request custody modifications if my ex relapses?
Yes. A relapse is a “material change in circumstances” justifying a custody modification.
Alcohol-Related Criminal Charges and Divorce
- Does a DUI affect divorce outcomes?
It can, especially in custody and financial matters. - What if my spouse has multiple DUIs?
The court will likely take this seriously in evaluating parental fitness. - Can a domestic violence charge caused by intoxication help my case?
Yes. Domestic violence, even if alcohol-related, strongly affects custody and support rulings. - Can I use criminal records to prove alcoholism?
Yes. Convictions for DUI or public intoxication are relevant and admissible. - Will the court consider restraining orders?
Yes. Temporary Protective Orders (TPOs) are significant, especially if tied to alcohol-fueled behavior.
Alcoholism and Safety Planning
- What’s the best way to protect myself during the divorce?
Secure finances, document everything, and consider a temporary protective order if you feel unsafe. - Can I get exclusive use of the home during the divorce?
Yes, especially if your spouse’s alcoholism creates a volatile or unsafe environment. - Should I change the locks?
Only if granted exclusive possession by court order. - Can the court issue a no-contact or restraining order?
Yes, especially if alcohol use is tied to abusive or threatening behavior. - What if I need to relocate with the kids?
Relocation requests must be approved by the court and based on the child's best interests.
Rehabilitation and Treatment in Divorce
- Can I ask the court to order rehab for my spouse?
Yes, but courts can’t force inpatient rehab unless it relates to custody or visitation. - Will going to rehab help my spouse’s legal position?
Potentially. Voluntary treatment may improve custody or support outcomes. - What if my spouse leaves rehab early?
This may hurt their credibility and affect custody/visitation rights. - Can rehab attendance delay the divorce process?
Yes, but only if the court finds it necessary or fair. - Can my spouse's rehab stay affect alimony?
Yes. Temporary inability to work due to rehab may affect support obligations.
Legal Strategy for Divorcing an Alcoholic
- Should I file for fault-based divorce due to alcoholism?
Possibly. Fault-based filings can influence alimony and custody, but require proof. - Is a no-fault divorce better in some cases?
Yes. If proof is difficult or you want a less contentious route, no-fault may be preferable. - How important is documentation?
Critical. Keep detailed notes, texts, videos, and receipts. - Can character witnesses help?
Yes. Friends, family, and neighbors can testify about drinking behavior and parenting concerns. - Will a judge understand addiction?
Most judges are familiar with addiction cases, especially in custody contexts.
Children’s Rights and Alcoholic Parents
- Do older children get a say in custody decisions?
Yes. Children 14 or older can elect which parent to live with, though the court can override this. - Can my child refuse to visit their alcoholic parent?
The child’s wishes are considered but court orders must be followed unless modified. - Can children testify about a parent’s drinking?
Possibly, but courts try to shield children from testifying unless essential. - Can the court appoint a therapist for the children?
Yes, especially in high-conflict or addiction-related cases. - How does the court determine what’s in a child’s best interest?
By examining factors under O.C.G.A. § 19-9-3, including safety, stability, and each parent's conduct.
Financial Concerns in Divorce and Alcoholism
- Can I request attorney’s fees if my spouse caused delays due to drinking?
Yes. Courts may award fees when one party causes unnecessary legal expenses. - How do I protect joint bank accounts?
Freeze or separate accounts early in the process, with court approval if needed. - Can I get temporary financial support during the divorce?
Yes. Temporary orders for child or spousal support are available. - What if my spouse hides assets due to addiction?
You can subpoena records and seek discovery to uncover concealed assets. - Can I ask for an unequal split of assets due to financial damage caused by alcoholism?
Yes. Misconduct that harms the marital estate can influence distribution.
Alcoholism and Mediation or Settlement
- Is mediation appropriate in a case involving addiction?
It depends. If safety is not a concern and both parties can participate fairly, it may be useful. - Can I refuse to mediate if I feel unsafe?
Yes. The court can waive mediation in cases involving abuse or substance-related risks. - What if my spouse shows up intoxicated to mediation?
Report it immediately. The mediator may terminate the session. - Can I ask for court-ordered rehab in settlement terms?
Yes. You can include any mutually agreed treatment condition in the final decree. - Should I negotiate or litigate?
Depends on your spouse’s behavior, stability, and willingness to compromise.
After the Divorce: Ongoing Concerns
- What if my ex relapses after the divorce?
You can request changes to custody or visitation if the child is at risk. - Can I require my ex to continue alcohol testing post-divorce?
Yes, if ordered by the court in your custody agreement. - How do I enforce a sobriety clause?
File a motion for contempt if your ex violates the terms. - Can my ex lose visitation rights for drinking again?
Yes. Especially if relapse endangers the child. - Can I get custody back if I lost it due to past alcohol issues but am now sober?
Yes. Courts can modify custody when there's a material change in circumstances.
Emotional and Psychological Aspects
- How do I protect my mental health during this divorce?
Work with a therapist, prioritize self-care, and create a safety plan. - Can I ask for court-ordered therapy for my children?
Yes. Especially if they’ve witnessed alcohol-fueled incidents. - How can I talk to my kids about their alcoholic parent?
Be honest but age-appropriate. A therapist can help guide the conversation. - Can alcohol abuse impact the children’s mental health long-term?
Yes. Children of alcoholics may face anxiety, depression, or behavioral issues. - What support is available for families affected by alcoholism?
Groups like Al-Anon and therapy services can provide essential support.
Legal Representation and Evidence
- Do I need a lawyer for a divorce involving alcoholism?
Yes. These cases are complex and often involve serious custody and financial issues. - What kind of lawyer should I hire?
Choose an experienced Georgia divorce attorney familiar with addiction-related cases—like The Sherman Law Group. - How do I collect evidence legally?
Avoid illegal recordings. Use texts, emails, social media, and public records. - Can a private investigator help?
Yes. They can document behavior such as bar attendance, driving drunk, or exposing the kids to harm. - Should I go to trial or settle out of court?
It depends on the facts. Many cases settle, but severe alcoholism may require court intervention.
Final Practical Questions
- Can I file for divorce while my spouse is in rehab?
Yes. Rehab doesn’t block the filing process. - Can my spouse sign divorce papers while intoxicated?
No. Courts require mental capacity for legal documents. - Can I speed up the divorce due to addiction issues?
You may request temporary hearings, but Georgia has a minimum 30-day waiting period. - Will the court consider how long the alcohol problem has existed?
Yes. Long-term patterns are more persuasive than isolated incidents. - What if my spouse refuses to acknowledge the problem?
That can be used to show denial and ongoing risk to the family. - Can I remove alcohol from the home if we’re still living together?
Only with permission or court order if jointly owned. - Can the court prevent my ex from drinking around the children?
Yes. A sobriety clause can be built into the parenting plan. - Will my spouse’s addiction be part of the public record?
Yes. Divorce filings are generally public, including references to substance abuse. - How long does a divorce involving alcoholism usually take?
Typically 6–12 months, depending on complexity and court involvement. - What is the best first step if I’m considering divorce from an alcoholic spouse?
Contact a trusted Georgia divorce attorney like The Sherman Law Group for a confidential consultation.
Protecting Your Family and Future: Georgia Divorce Attorney Near Me
Divorcing a spouse with alcoholism is never easy—but it is manageable with the right legal guidance and support. The divorce lawyers at The Sherman Law Group understand the legal and emotional toll this situation creates. Whether you need help with custody, protecting your assets, or enforcing sobriety provisions, we’re here to advocate for you and your children.
Contact The Sherman Law Group today for a confidential consultation. We’ll help you understand your rights, protect your children, and plan your future. Call us now or fill out our online form to get started.