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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3426
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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I recently found out that after knowing my wife years

Customer Question

I recently found out that after knowing my wife for 16 years that she is a drug addict. We've only been married for 4 years and just last year she confessed that she still uses crack cocaine. I knew she had past drug issues when I meet her and was lead to believe just that, that they were in the past. Now we're talking about divorce and she thinks she has entitlements. She is a waitress and has unclaimed income and I can only guess that she spends 10s of thousands of dollars on drugs and alcohol every year. There are no children involved, she's been independent since she was 14 years old. What I'm trying to say is that if I had known 16 years ago or even 4 years ago before we got married the relationship would have ended. If necessary can this be used in my defense in a divorce. Thank you for your help
Submitted: 7 months ago.
Category: Family Law
Expert:  Michael J, Esq. replied 7 months ago.
Hello and thank you for contacting JustAnswer. My name is Michael; I look forward to assisting you today. By continuing, you agree that this conversation shall not be considered legal advice and that you understand I can only comment on the law in general and not give advice on your particular situation. I'm sorry to hear about your situation. When you say "used in my defense", are you wondering whether it will help you during the divorce that your wife is a drug addict? Thanks, Michael
Customer: replied 7 months ago.
Yes that is my question
Expert:  Michael J, Esq. replied 7 months ago.
Thank you. Is this contested or uncontested? In other words, are you both agreeing to get divorced? If so, you will both agree on how things will be split, whether alimony will be paid, etc. If it's contested, then you'll have to fight it out in court, which is usually the worse option and costs you much more time, energy, and stress. The court will look at these factors when considering how assets will split: Duration of the marriageAge and health of the spousesWhether one spouse can demonstrate a need to stay in the marital home — for instance, if the custodial parent needs to keep the home to raise the childrenWhether it is feasible to split the property down the middleWhether the assets are liquidIncome of the spouses at the time of the divorceOther court-ordered financial obligations, such as alimonyLikely financial future of each partyWhether one of the spouses wasted the couple’s assetsWhether a spouse fraudulently transferred property in anticipation of divorceAs you can see, "whether one of the spouses wasted the couple's assets" is an issue the court looks at. If you were to show that your wife was taking her pay and using a lot of it to buy drugs, then yes, this could definitely affect the property distribution in the divorce. The question is whether you can prove it or not. If she was using cash, it's not likely you'll be able to prove anything, and just the fact that she is a drug user will likely not change the distribution of assets much if at all. Hope this helps!If you valued my time, please consider rating me positively at the top of the page. Experts don't get credit for our answers until you do. If you have further questions, please continue to ask them until you're completely satisfied. DISCLAIMER: This is not legal advice and I am not your lawyer. My questions are based on my knowledge of the jurisdiction where I am admitted to practice, my experience on this site over several years, and research on the relevant laws and statutes for your jurisdiction, if any. My information is not advice and you should always speak to local counsel before you act.