My husband and I were married in Massachusetts in 2005. He is a pot smoker 24 hours a day.

Aug 8, 2012 by

Question: 

My husband and I were married in Massachusetts in April 2005. A problem occurred in my family because of drugs in 2006 and it has been a problem ever since. He is a pot smoker 24 hours a day. You can not live with him because he doesn’t remember anything that goes on and therefore thinks everything is a lie. We bought a house in AZ in 2006 and moved from MA. He moved back to MA in October 2009. Can we get the divorce in MA?

State: 
Arizona

Answer: 

You need to obtain your divorce in the state in which you currently reside, regardless of where you got married. That your spouse has moved back to Massachusetts is probably a good thing and will make your divorce in Arizona that much easier. Arizona will allow you to file for a divorce based on several different grounds, a few of which you have present in your marriage right now.

Arizona ‘s no-fault divorce grounds are based on the premise that your marriage is irretrievably broken due to one of the following:

  1. Adultery.
  2. Imprisonment in any federal, state, county or municipal correctional facility.
  3. Abandonment for 1 year.
  4. Physical or sexual abuse.
  5. The spouses have been living separate and apart continuously without reconciliation for at least two years before the petitioner filed for dissolution of marriage.
  6. The spouses have been living separate and apart continuously without reconciliation for at least one year from the date the decree of legal separation was entered.
  7. Drug or alcohol abuse.
  8. Mutual consent.

It would appear that items #6 and #7 would fit in this instance and satisfy the court as to your grounds. – The Divorce.com Team

Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.

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