Can You Get An Ocean Springs Divorce Because Your Spouse Is A Drug Addict?

Can you get an Ocean Springs Divorce because your spouse is a drug addict?

Yes, IF you PROVE it.

The Mississippi Supreme Court has not made it necessarily easy to get a divorce because your spouse is a drug addict.

You have to prove to the Judge certain things such as:

(a) the use of drugs was habitual in that it was customarily and frequently indulged

(b) the drug use was so excessive that he or she did not have the ability to control the appetite for drugs; and,

(c) the drugs used were morphine or opium or comparable … in effect.

That last line can mess you up, read that very carefully.

Can You Get An Ocean Springs Divorce Because Your Spouse Is A Drug Addict?

So what does this legal mumbo jumbo mean?

It means it’s more than just occasional use of drugs.

So in an Ocean Springs divorce you have to prove your spouse customarily and frequently uses drugs.

Here’s another stumbling block: the use of the drugs must not only be habitual but it must be excessive.

I guess the Mississippi Supreme Court is saying if your spouse gets high on cocaine every once in a while, it’s no big deal and you can’t get a divorce.

Am I right or wrong about that?

Here’s what the Mississippi Supreme Court said in Booker v. Booker:

The spouse must be so addicted to the use of drugs that he or she cannot control the appetite for drugs whenever the opportunity to obtain drugs is present.

Here’s another stumbling block: the court considers it a justifiable excuse for such behavior if your spouse was prescribed the drugs by a physician for legitimate reasons.

So in other words, if your spouse gets high a lot, if the doctor who got your spouse addicted to the drugs prescribed them and they are for a legitimate reason, you are stuck.

Can You Get An Ocean Springs Divorce Because Your Spouse Is A Drug Addict?

According to witnesses at the trial, Amy Booker was impaired by drugs and had episodes of unconsciousness.

Mrs. Booker went to the emergency room 50-75 times for various problems in 2012 and 2013.

All of the family members, except Amy, testified that in 2012 Amy’s medications were locked in a closet and given to her only at the appropriate times.

But, Amy found the key during the days that Brian was away for work and had access to her medications. Then, in July 2012, after either a drug overdose or a “seizure event,” Amy voluntarily checked into Pine Grove Behavioral Health and Addiction Services for treatment.

Amy then got a ticket for driving under the influence.  During the stop, Amy suffered a seizure and was taken to a hospital in Jackson.  Amy did not remember this incident, and she did not remember many of the other episodes that her family members testified about.

As a result, the trial judge found that Amy’s husband did not prove all the things he needed to prove to get a divorce for drug addiction.

They are still married.

You can read the decision by clicking on

Ocean Springs Divorce Attorney