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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116816
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Is this legal advice that is posted? nj, no, is this

Customer Question

Hi - is this legal advice that is posted?
JA: What state are you in? It matters because laws vary by location.
Customer: nj
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: is this confidential?
JA: We keep all your personally identifiable information confidential and even have people that double check to make sure something doesn't slip through. Your question goes out to the Lawyer's and then gets published with the answer to help others with similar problems.
Customer: ok
Submitted: 9 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your question for us and what are the facts of your situation?
Customer: replied 9 months ago.
i know someone who deals and uses prescription drugs. he has a family including two kids. are these grounds for a divorce? what are the consequences to him if he is caught?
Expert:  Law Educator, Esq. replied 9 months ago.

Thank you for your reply.

Irreconcilable differences is one of the grounds for divorce. Dealing prescription drugs would be part of those grounds in that if he is doing so in the presence of the children or from the home he is placing the children at risk.

If he is illegally using the drugs as well, this is also grounds to deny him any custody/visitation without supervision and a court can also order random drug testing.

If he is addicted to drugs, then addiction is a specific ground for divorce under NJ law as well. The addiction must have an impairment on the spouse's ability to function. You would have to prove addiction, which is sometimes harder to prove than simply irreconcilable differences. The grounds for divorce in NJ are:

  • Adultery
  • Abandonment.
  • Addiction.
  • Deviant Sexual Conduct.
  • Extreme Cruelty. ...
  • Imprisonment. ...
  • Institutionalization.
Customer: replied 9 months ago.
How is addiction proven? The drugs are not being dealt at home but I'm assuming he must have them on him somewhere. Does all of this have to be proven for a divorce to be granted?
Customer: replied 9 months ago.
I have pictures of his text messages proving that he deals drugs - would that be evidence?
Customer: replied 9 months ago.
he is also using a car under my name to pickup and sell the drugs. perhaps he is even storing it in the car but i can't seem to find it.
Customer: replied 9 months ago.
i have in the past found bottles of prescription drugs in the home and in the car and have thrown them out. now he hides is where i cannot find it.
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
Addiction has to be proven by his conduct. Thus you have to have evidence he is high and not able to properly function, which is why I said it is difficult and that is why most people go for divorce on grounds of irreconcilable differences which is much easier to prove.
If you cannot find the bottles or you have no evidence of impairment, then going on irreconcilable differences is best and then you can use the evidence you do have of the pills to ask the court to order drug testing for purposes of custody/visitation.