Habitual intoxication is a ground for divorce in Georgia, and the emphasis belongs on the word habitual.
What the Statute Says
OCGA 19-5-3(9) lists “[h]abitual intoxication” among the thirteen grounds for a total divorce. That is the entire provision. Unlike cruel treatment or incurable mental illness, this ground comes with no statutory definition and no list of conditions.
The Georgia Supreme Court Reads It Literally
Stimpson v. Stimpson, 213 Ga. 235 (1957), gave the ground its shortest statement: “Habitual intoxication under our law as a ground for divorce means exactly what it says.”
In that case a wife counterclaimed for divorce on habitual intoxication and cruel treatment. The only evidence of drinking was that her husband was “drunk” or “under the influence of liquor” on one occasion before the separation. The Georgia Supreme Court held that testimony “wholly insufficient to sustain a divorce on the ground of habitual intoxication,” and reversed.
So a bad night, a bad weekend, or even a bad stretch is not this ground. What the statute reaches is a settled pattern.
Where It Fits Among the Grounds
Two features of this ground are worth knowing before you plead it.
First, it is one of the four grounds singled out in OCGA 19-5-4. That statute bars a divorce where the “adultery, desertion, cruel treatment, or intoxication complained of was occasioned by the collusion of the parties,” where the complaining spouse consented to it, where both spouses are guilty of like conduct, or where the complaining spouse condoned it and resumed living together with notice. Drinking alongside your spouse can therefore defeat the claim.
Second, this ground is about alcohol. Drug use is addressed by a different provision, OCGA 19-5-3(12).
Contact Us
This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!