What constitutes proof of drug abuse, adultery?


Dear rockmehardplace:

Greetings. It sounds to me like you have enough evidence to keep the house and bank accounts, if he has spent the same amount on drugs, etc.

Also, I cannot imagine that you would be required to pay him alimony since I assume that before the drugs he was the supporting spouse and that he has committed serious fault. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


What I have:

  1. Spouse’s professional board suspended his license due to drug abuse 3 years ago - still suspended due to transient non-compliance (occasionally neglects to call in, “undetermind” test results, etc.).
  2. Record of a purchase made from a company that sells fake urine (can be used to cheat on drug tests).
  3. Cell phone records showing multiple calls to and from numbers that in the past my spouse admitted were drug dealers.
  4. A dismissed DUI charge.
  5. A hand written letter from spouse totaling all money taken from the family (thousands) and apologizing and stating a desire to pay it back somehow (no mention in the letter that it was all for drugs though - which it was).
  6. Record of a purchase of “services” from an escort service (made fraudulently with my ATM card).
  7. Phone confirmation from the escort service that the purchaser checked into a hotel room with the escort for an hour, then opted to pay for a second hour.

Since all this, spouse recently went through in-patient drug rehab, but I strongly suspect is doing drugs again - no proof, I just know.

Would this constitute proof? Would I get the house (in both our names) & bank accounts (in my name only), etc.? My spouse has been effectively unemployed since losing the professional license (over 3 yrs.)- working odd jobs from time to time, making far less money than me. Prior to losing the license, spouse made more than me. Would I be required to pay alimony since spouse can’t get or maintain a decent job due to related legal problems?