Pill Problem in home

North Carolina Divorce Law Divorce and Separation Answers
1

What if my spouse has an addition problem with pills. What grounds do I have to have him removed from the home? What if this situation has caused me to go thru a state of depression, affect my mental state, loss of weight, just affecting everything about me and the family. What rights do I have to get my life back on track?
Thank you!

2

Not an Attorney

You can file for divorce from bed and board, since it appears you are experiencing #5. Here’s info from Rosen’s website:

HOW CAN A SPOUSE OBTAIN A DIVORCE FROM BED AND BOARD IN NORTH CAROLINA?

Spouses cannot consent to a divorce from bed and board; instead, an injured spouse must file an action for a divorce from bed and board in court.
A divorce from bed and board is fault-based. In other words, to be eligible for a divorce from bed and board, the complaining spouse must show by the greater weight of the evidence that he or she has been injured by the accused spouse’s actions that fall within one of the six statutory fault grounds. N.C. Gen. Stat. § 50.7 includes the following six grounds for a divorce from bed and board:

  1. Abandonment of the family
  2. Maliciously turning the complaining spouse out of doors
  3. Treating the complaining spouse in such a cruel or barbarous way that it endangers his or her life
  4. Indignities that render the complaining spouse’s condition intolerable or life overly burdensome
  5. Excessive drug or alcohol use that makes the complaining spouse’s condition intolerable or life overly burdensome
  6. Adultery
3

wcom is right. You could file for divorce from bed and board to have your spouse forced to leave the marital residence.

4

Thank you!!!
quote=“wcom”]Not an Attorney

You can file for divorce from bed and board, since it appears you are experiencing #5. Here’s info from Rosen’s website:

HOW CAN A SPOUSE OBTAIN A DIVORCE FROM BED AND BOARD IN NORTH CAROLINA?

Spouses cannot consent to a divorce from bed and board; instead, an injured spouse must file an action for a divorce from bed and board in court.
A divorce from bed and board is fault-based. In other words, to be eligible for a divorce from bed and board, the complaining spouse must show by the greater weight of the evidence that he or she has been injured by the accused spouse’s actions that fall within one of the six statutory fault grounds. N.C. Gen. Stat. § 50.7 includes the following six grounds for a divorce from bed and board:

  1. Abandonment of the family
  2. Maliciously turning the complaining spouse out of doors
  3. Treating the complaining spouse in such a cruel or barbarous way that it endangers his or her life
  4. Indignities that render the complaining spouse’s condition intolerable or life overly burdensome
  5. Excessive drug or alcohol use that makes the complaining spouse’s condition intolerable or life overly burdensome
  6. Adultery[/quote]