Question:

My wife filed for divorce over a year ago, and has now claimed that I am on drugs.

While I do have two prescriptions issued from a doctor, I have never done anything illegal.

How will this affect my case?

Answer:

Your wife’s allegations of drug use must be supported by evidence.

Generally, a person who alleges their spouse is on drugs will bring up specific instances of behavior through testimony to assert that they have witnessed a person taking drugs or that there was erratic behavior because of drugs.

If your wife alleges that you abuse prescription drugs, she may ask you to disclose which prescriptions you are taking and which doctor prescribed such prescriptions in the discovery process.

If your wife alleges that you use or abuse illegal drugs, a judge may order you to pay for and participate in a court-ordered drug test. However, a judge should only order a test like this if it is relevant to the proceedings at hand.

Many times, allegations of drug use are not relevant to the case unless there are children involved; the drug use has affected the property, assets and / or debt of the marriage; or drug use has caused the breakup of the marriage.

Unfortunately, I cannot give you a determination of how your wife’s allegations will affect your case without more detailed facts regarding your case and your wife’s allegations. Please understand that my opinions are based upon the limited facts that you provided to me.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.