Can I Test my Spouse for Alcohol after We Get Divorced?

Addiction is a very real problem in Utah.

So many people are addicted to alcohol and drugs, and those addictions lead to a good many Utah divorces.

The problem of alcoholism is especially bad when you have kids.

We can’t have kids exposed to alcoholism unless we want to endanger them and vastly increase the likelihood they’ll become alcoholics.

So, what can you do if you have kids and your soon-to-be ex is addicted to alcohol?

You have a few options:

  1. Do nothing.

Not okay. These are your kids we’re talking about. Don’t put them in danger. Take a stand.

  1. Help your soon-to-be ex get treatment.

Even if you’re divorced, your ex is still your kids’ parent, and they love him/her. It makes sense to do everything you can (within reason) to help your ex get the treatment needed. It will benefit your kids in the long run.

  1. Test your ex for alcohol if you think he or she is using around the kids.

If you have a serious concern about your ex drinking and getting drunk around the kids, especially if there is a history of doing this, then alcohol testing may be in order.

Let’s talk about how testing your ex may work.

How Does Testing Your Ex for Alcohol Work?

Putting together a alcohol-testing scheme depends on a lot of factors and has to be individualized to your specific situation.

That said, here are some common elements we use when we put together alcohol-testing schemes:

  1. You can request an alcohol test if you have good reason to believe your ex is high right now.

For example, if your ex comes to your house to pick up your child for parent-time and you know he or she is drunk, you should be able to end that parent-time and request an immediate alcohol test.

  1. You can request random alcohol tests.

We all know addicts hide their addictions, so they might be smart enough not to be high when they’re in public. In private is another matter.

Because of this, we sometimes allow our clients to randomly test their ex. This usually happens when the ex has a history of drug problems, but it can take place when there is a history of alcohol abuse, depending on severity, etc. You can’t do this too often (usually once every 2–3 months), but random tests are a powerful way to make sure people are staying clean.

  1. All alcohol tests need to be taken within a certain number of hours.

We put a time limit on alcohol tests because alcohol metabolizes so quickly and is out of the system.

To avoid abuses, we state that any test not taken within a certain number of hours (e.g., three) of requesting the test will be considered dirty (i.e., positive for alcohol).

Last Thing: Remember, Testing Your Ex for Alcohol Is about Keeping Kids Safe, not Being Vindictive

I’ve seen many a spouse use alcohol testing as an excuse to be vindictive toward their ex.

Don’t do this. It will only hurt your kids.

If you have a legitimate concern that your ex’s alcoholism will harm your kids, then ask for alcohol testing, but use that to keep your kids safe, not as a way to get back at your ex.

Call Brown Family Law

If you find yourself facing a divorce, please call 801.685.9999 for a legal in-person consultation, or use our online scheduling tool.

Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
BrownLaw icon
Excellent
Brown Family Law
4.8
Based on 912 reviews
Nathaniel Garrabrandt and Brown Family Law is where I send people who are seeking Divorce. Highly professional and compassionate. Thank you!
I cannot say enough good about my experience with Brown Family Law. Ray Hingson and paralegal Carren did an excellent job with my case. I will definitely use this firm again for any legal issues.
I have worked with Andrew Christensen many times in a variety of situations. I am very impressed with his friendly demeanor in a difficult situation. I would highly recommend him to you without any reservations.
Highly recommend Brown Family Law. Life is hard, divorce is harder, and Andrew Christensen is your guy to help you through to the other side.
When you’re going through a tough time and need legal help, this firm isn’t just a one-person operation. It’s a team of attorneys who work together to support you every step of the way. So you’re not just getting a lawyer, you’re getting a legal team behind you.

Navigating the legal system was a steep learning curve for me, and my situation was fairly complex. What stood out about this law firm was the way multiple attorneys collaborated to address my case. It wasn’t just one person working in isolation, but a team supporting each other to find the best path forward. That kind of collective effort is a real strength, especially in hard out complex situations like mine.

There was one issue I felt should have had a different outcome with the court. When I brought it up, the team responded in a very professional and respectful manner, which I truly appreciated. It came to my understanding that the legal system sometimes works in a way that is distant than I thought. This was presented to me in a way that someone outside of the legal system could understand.

In my experience, this firm takes the time to not only assist you, but also help you understand why things are happening. That made a big difference for me, and it’s something that really sets them apart.
Response from the owner:David, thank you for our conversation and taking the time to leave this review.
My experience with Jennifer and Brown Family Law was nothing short of amazing. From the very beginning of my initial consultation all the through until my case was settled, I was well taken care of and updated every step of the way. I felt like my team genuinely cared about the outcome of my case, which was refreshing. You get what you pay for, and Brown Family was worth every penny. To say I highly recommend this group is an understatement.
Response from the owner:Thank you very much, Steve. Glad Jennifer took good care of you.
Andrew Christensen was a great divorce lawyer. He is very experienced, professional, and was great to work with during this difficult process.
Response from the owner:Casey, thank you and so glad Andrew served you well.
Made my divorce quick and painless. 5 months ago I was feeling very overwhelmed. There was legal issues with protective orders, my ex wife had taken my kids to another country without my consent, I was in way over my head. After speaking with brown law they calmed my nerves took over my case. A few video calls and 5 months later my divorce is finalized with a fair outcome for everyone. It was easy and stress fee, it didn’t even feel like I was going through a divorce.
Response from the owner:Thank you so much, Brian. Sorry you went through all of that, but glad we were able to help.
Jennifer was excellent! She was always responsive and kept me updated on my case. while the billing was a little different from what I expected, her expertise was invaluable. I highly recommend her. And I appreciate everything she's done for me and may case.
Response from the owner:Jennifer, thank you and glad Jennifer was able to help you and kept you updated.
Going through the divorce process can be overwhelming, exhausting and emotionally draining.
I did my homework to find the perfect lawyer to represent me knowing I could have peace of mind throughout the process.
Leilani Whitmer and her paralegal Idania did not disappoint. Their professionalism and dedication to my case was outstanding and fair.
Leilani had just had surgery a few days before mediation and showed up on crutches and ready to go. That’s dedication!!!
I am highly recommending them to anyone looking to feel at ease during a difficult time.
Response from the owner:Lesia, glad Leilani and Dani took such good care of you.
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories