Archive for 'While Case is Pending'
Can I have my spouse tested for drugs?
Posted on 24. Apr, 2009 by Alabama Divorce Lawyer, Jim Jeffries.
If one spouse in a divorce case wants to have the other spouse tested for drugs, they can file a motion and the Judge will decide whether to grant the request. Generally speaking, if custody or visitation is an issue, and there is some reason for suspecting abuse, the Judge will grant the request and require the drug test.
One warning that I give all my clients is that if they request a drug test, assume that the other side will also request one of them and that the Judge will order both parties to be tested. Too frequently I have had my own clients tell me they wanted their spouse tested and that they didn’t mind taking a drug test themselves because there was no way the wouldn’t pass it. Then inexplicably (the client is always shocked) their spouse passes and they fail.
Do not put yourself (and your lawyer) in that position. In our jurisdiction the Courts are requiring hair follicle tests which purportedly are more accurate and test back farther in time. Whether that is true or not, you don’t want to test positive for drugs on the drug screen that you demanded be taken! Of course, the best advice here (particularly if custody of children is at issue) is that if you are using drugs, you don’t need to have custody of your children. Or, the converse, if you want custody of your children, do not be using drugs.
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Can I date while the divorce is pending?
Posted on 24. Apr, 2009 by Alabama Divorce Lawyer, Jim Jeffries.
I suppose that you can, but my general advice is that you don’t. Even though a divorce case is pending, you are still married. Having a sexual relationship while the case is pending is still adultery. Even in the absence of any sexual contact, a dating relationship may be a strike against you in the divorce case depending upon the specific facts of your case.
If custody is pending, I certainly would be careful about your conduct with a “significant other.” Many judges will not find such behavior proper, particularly if the person is being introduced to the children, spending the night while the children are there, or going out on social activities with the children.
The better course of action in this type of situation is to err on the side of caution. And, if you have a question about your specific situation and what would be appropriate, talk to your lawyer before taking action that could harm your case.