Is gambling grounds for divorce?

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Is gambling grounds for divorce?

My husband of 22 years makes a good salary but the more he makes, the more he gambles. He has

good health insurance. I can’t afford a decent apartment and my bills on my current salary. Would I be entitled to alimony and health insurance? Could he be responsible for my lawyer’s fee and court costs?

Asked on October 31, 2017 under Family Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Speak to a family law attorney. Gambling does not appear to be grounds for a "fault"-based divorce in you state. That doesn't mean you can't divorce, but it may mean that you have to live separately and apart for at least 6 months, possibly longer, in order to file for divorce. Even if that is not economically feasible for you, unless you meet the criteria for fault (which are things like intentionally cruetly, adulty, drug addiction etc.), you have to go the no-fault route--so you may need to move in with family, get a roommate, or find a "not decent" apartment. Alternatively, it may be possible to more quickly legally separte and get some support from your husband, then divorce later: support is available in cases of legal separation. You need the advice of a family law attorney to evaluate your options, their pros, and their cons.


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