Legal Question in Family Law in South Carolina
My husband has been a drug user but I have been unable to prove it. He has wrote me a couple of letters saying that he was sorry for the drug use here resently in the past few weeks. Can I use that as proof that he had been using drugs for a divorce?
1 Answer from Attorneys
It depends on what you are trying to do with the evidence (letters). If you are using the letters to encourage the court to require him to take a drug test, then the letters could help. If you are trying to obtain a divorce on the fault ground of "habitual drunkenness" (which includes being high on drugs) I believe you will need more evidence. You may have a relative or friend that has seen your husband high on drugs. If you have a witness that might corroborate your claims in addition to his letters admitting his drug use I believe you would likely convince the family court judge to grant you a divorce on the fault ground of habitual drunkenness. Please keep in mind that it is the judge that determines whether you have provided enough evidence.