Proving Drug Addiction in Tennessee Divorce

Consulting with a Memphis divorce attorney is important when facing a serious issue such as proving drug addiction in a divorce.

If drug addiction is the reason for your divorce, make sure that all of the important issues are properly addressed. The best way to do this is with legal counsel. An attorney can advise you of your rights and go over the benefits and risks of providing drug addiction.

Benefits and Risks of Proving Drug Addiction

It may seem to make sense that you would do everything in your power to prove that a spouse is addicted to drugs. After all, if you have children, it could help when it comes to determining who gets custody and when hammering out visitation rights of a non-custodial parent. It can also play a role in determining fault in your divorce.

While these are definite benefits, there may be risks you need to consider. For instance, if your spouse is required to take a drug test, you may have to do so as well. If you take a drug test there is the possibility a false positive could occur, which may cast doubt on you.

You could also run into problems if it is shown that despite knowing your spouse was a drug addict, you left your children in his or her care. Make sure that you consider all sides when deciding to take actions to prove drug addiction.

Keep in mind that only a judge can order a drug test. This may be done upon your request. There may be circumstances that lead a judge to do so without filing a motion, though, such as if one of the parents seeking child custody has recently been charged with a drug offense.

Drug Testing:  Hair vs. Urine

There are different ways to test someone for drugs. Two examples which are relatively common are through the hair and urine. Hair tests aren’t intrusive and can detect if drugs have been taken several months prior to the test. However, it is also more expensive than having a urine test performed. It will also require having an ample amount of hair in order to receive accurate results.

A urine test is cheaper than hair, but the potential to cheat the test may exist. In addition, it can’t detect drugs taken around the time a sample of urine is given. Make sure you discuss these issues with your lawyer when evaluating the options available to you. Also remember that urine testing may be a more convenient option than hair testing.

Other methods may be used including blood and saliva testing. You may wish to speak with an attorney about the best type to use if you are trying to prove drug addiction.

Seeking Help from a Memphis Divorce Attorney

Proving that drug addiction is causing divorce may not be easy. In fact, you could end up facing a judge that doesn’t take your claims seriously and a drug test may not be enough.

A lawyer will explain other ways in which you can prove that your spouse is a drug addict. It’s especially important to seek legal counsel if there is the risk your children could end up in his or her custody. You may be able to get sole custody, depending on the situation.

Filing for divorce can be stressful and emotionally taxing. When you add to this an accusation of drug abuse or you are fighting for the custody of your children, it can become even more complicated. You could be facing a difficult journey, so to help you prepare we also offer a FREE eBook. This can help you better understand the steps in filing for divorce and what you can do to make the process easier.

To protect your rights in these matters and to look out for the best interests of your children, contact a Memphis divorce attorney from the Miles Mason Family Law Group at 901-683-1850.