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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118200
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Going through divorse and recently found out that my husband

Customer Question

Going through divorse and recently found out that my husband had a serious gambling addiction. What con I do
JA: The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Yes. The case will soon be going to trial. There also was a prenup in place. However my copy went missing and he produced a whole different version. Several attorneys are also involved in which they are conspiring all against me
JA: What advice did they give you?
Customer: My attorney is using case law because the agreement is so unjustly unfair. The gambling issues just came up
JA: OK. The Family Lawyer will need to help you with this. Is there anything else the Family Lawyer should be aware of?
Customer: There is parent alienation going on so badly that I agreed to have to give my husband residential custody. And I should mention that he is a narcissist
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Gambling addiction, if you can prove how much money he lost, would entitle you to seek more money from the marital share of the property if you can prove the prenuptial agreement was unconscionable at the time it was written. However, if your attorney cannot show the prenuptial was not unconscionable at the time it was written, I am afraid that the agreement has to be upheld. So you have to show that the copy he has produced is a fraud somehow, you bear that burden of proof under the legal requirements and if you cannot prove that then whatever he produced has to stand and the court's hands are tied in that regard by the law (so it is not that the court is biased against you, it is that they have no choice).
You need to get whatever evidence you can about the prenuptial being a different one or you need to let your attorney prove it was unconscionable, because if you cannot do so then you could not seek to recover at least half of the money he spent on gambling.