A Muslim woman in Malaysia is scheduled to be beaten next week with a rattan cane after she pleaded guilty to drinking beer.  Apparently, consuming alcohol is legal in Malaysia unless you are a Muslim.  In Mississippi, no matter what your religion, drinking beer will not currently result in the government beating you with a cane, but it can contribute to or cause the destruction of a marriage. 

The Mississippi Legislature has identified twelve situations where a party is entitled to a divorce without their spouse’s consent.  The fifth situation is habitual drunkenness.  The legislature did not provide any guidance as to what it considers habitual drunkenness to be and there are not many cases that elaborate.  However, it is safe to assume that the drinking spouse must become intoxicated habitually and that the frequent intoxication must have an adverse effect on the marriage.  

If you believe you are entitled to a divorce because of your spouse’s habitual drunkenness, it is important that you pay attention to what type of alcohol is being consumed, the quantity and the frequency of consumption.  You will also need to explain how the habitual drunkenness is affecting your marriage.  Some examples of the effect the drunkenness may have on the marriage are that after drinking, your spouse has drastic mood changes, becomes belligerent, engages in frequent verbal altercations or even commits physical abuse.  It is important to link the habitual drunkenness to behavior that is offensive to the marriage.  To assist you in recalling all the details and to aid your attorney in advising you, it is recommended that you take notes to document the drinking and the behavior affecting the marriage.  Often, a spouse is unpleasantly surprised at the amount of alcohol consumed when they review their notes taken over a period of time. Of course, do not take notes and leave them where they may be found by your spouse.