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The gambling industry has done a superb job of marketing gambling as a social activity or pastime. Poker is regularly on TV, fantasy sports is part of sports, a night out at the casino is normal, and so forth. They’ve made it as the ’in thing’ to do. This is how most people get hooked. There is nothing glamorous or fun about gambling. What’s Mine, Yours, Ours. Sometimes, when each spouse works and they can’t agree on financial issues or find the time to talk about them, they decide to split the bills down the middle. The Effect of Pathological Gambling on Families/ Marriages, and Children By Martha C. Shaw, BA, Kelsie T. Forbush, MA, Jessica Schlinder, BA, Eugene Rosenman, MD, and Donald W. Black, MD ABSTRACT Pathological gambling (PG) is widely reported to have negative consequences on marriages, families, and children.By Judge Cheryl Moss
What does one expect when they land themselves in family court because of a gambling addiction issue? This article describes how a family court judge navigates through court cases involving problem gambling. Your questions are welcomed at the end.Evaluating the impact of gambling on the family
How does a family court judge address the issue of gambling addiction when it is brought up in the courtroom? First, one must understand that gambling addiction can exist within a marriage or family and it is never brought up in court until and unless one party makes the allegation. If it is an issue, then the judge must figure out what impact the addiction has on the family or marital community.
What is marital waste?
As between spouses, the claim can be relevant to the division of assets and debts. In simple terms, the term “marital waste” involves the spending or dissipation of assets or monies for personal use that did not benefit the marriage and/or caused adverse economic consequences. The most obvious fallout is substantial debts being incurred through ATM withdrawals, credit card charges, payday loans, and cashing out of retirement accounts, among other things.Child custody cases
In the context of child custody cases, the judge must always consider the best interest of the children, including their safety and well-being. There have been instances where the gambling parent forgets and leaves the children in their car while inside the casino. A parent will likely claim that the other parent spends too much time away from home and has not been caring for the children due to gambling.Gambling assessments for parents
Some courts, including Nevada, have referred spouses or parents for gambling assessments to determine if there is a problem with gambling. Certified problem gambling counselors do the assessments and report back to the judge. The outcome can be:
*No finding of a gambling problem
*Some signs of gambling but not severe enough
*At the extreme end, problem gambling requiring inpatient treatment and aftercare
If the gambling problem is not severe, the judge may order the gambler to attend education classes on the effects of problem gambling on the marriage and the family.The debate about the distribution of assets
There is debate in the legal community if a gambling addiction means that the gambler’s conduct was intentional or deliberate. Some lawyers would argue that the gambler acted with deliberation and knew what he or she was doing when they gambled away marital funds. Other lawyers would argue that gambling addiction is a disease and therefore the gambler is unable to control his gambling until he or she gets help. This is relevant to the extent that the judge must decide whether there should be an equal or unequal distribution of the parties’ assets. Casino theme birthday banner.Posing a danger to self or children
In the custody context, the judge would monitor the gambler-parent as it relates to his or her care, custody, and control of the minor children. The judge must ensure the gambler-parent does not pose a risk or danger to himself or herself and to the children.Judges need to recognize and understand the problem
It is important for judges to recognize gambling addiction issues that come before them. Understanding the problem will be helpful when they issue court orders ensuring the preservation of marital assets and promoting the best interest of children.—–About the Author: Judge Cheryl Moss is a family court judge in Las Vegas, Clark County, Nevada. She has served on the bench for over 15 years and presided over domestic relations cases involving gambling addiction. Judge Moss is the first judge in Nevada to utilize problem gambling assessments in divorce and child custody cases. Judge Moss serves on the Subcommittee on Legal Issues of the Advisory Commission on Problem Gambling. She was a national presenter on problem gambling and the courts at NCPG and NCRG conferences. Judge Moss is the 2009 recipient of the Nevada Council on Problem Gambling’s Shannon L. Bybee Award. Authors contributing to this blog on Disordered Gambling are all recipients of the Shannon L. Bybee Award, presented by the Nevada Council on Problem Gambling in recognition of proactive commitment to problem gambling advocacy, education, and research. If you believe that you or a loved one may have a gambling problem, please call the 24-hour national Problem Gamblers Helpline at (800) 522-4700 FREE for confidential assistance.
Sadly many marriages fail as a result of addiction. Two of the most common types of addiction which result in divorce are alcohol and gambling.
Although it is sometimes possible to overcome addiction and save the relationship, often there is a breaking point at which divorce becomes inevitable.Alcoholism and Divorce
Alcohol misuse is a very loaded and subjective term. It’s difficult for one spouse to prove that their partner has a drinking problem as this will often simply be denied.
A couple of glasses of wine with dinner every evening may be viewed as moderate drinking by one person but is classed as excessive drinking by someone else.
In the context of marriage, the drinking habits of either spouse might not be an issue on their own, but if a relationship starts to fail – for whatever reason – alcohol consumption will sometimes be identified as the culprit.
It’s often a case of ‘chicken and egg’ because if there is a problem at home, some people are prone to turn to the bottle – which can serve to exacerbate relationship problems and leads to a vicious cycle.Gambling and Divorce
Although the effects of irresponsible gambling within marriage are different from alcoholism, the impact of addictive risk-taking can be similarly devastating.
There is an additional aspect of monetary loss which can cause financial hardship for both parties, especially when they share bank accounts. Even relatively minor gambling can lead to arguments which may then escalate and eventually lead to the breakdown of the marriage.
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Just as with drinking, it can be very difficult to reach a consensus about what constitutes problematic gambling. One person may find it perfectly acceptable to have a weekly flutter on the horses, whereas any form of gambling might be anathema to someone else. Are excessive drinking or gambling grounds for divorce?
In short yes, they can be used as proof that your marriage has irretrievably broken down beyond repair. Here is an overview of the five available grounds for divorce;
*Unreasonable behaviour;
*Desertion;
*Living apart for more than two years with an agreement; or
*Living apart for more than five years (without agreement).
Although excessive drinking or gambling, in its own right, is not one of the five ‘facts’ which can be used to prove the irretrievable breakdown of your marriage, it can constitute the second fact on this list, namely ‘unreasonable behaviour’.
In a contested divorce, it may be necessary to prove that excessive drinking or gambling amounted to unreasonable behaviour.Side Effects Of Gambling
It is worth noting that no-fault divorce is currently planned to be introduced in England and Wales from autumn 2021. Effects Of Gambling On Society
This will dispense with the abovementioned five facts, replacing them with a ‘statement of irretrievable breakdown’ which can be filed by either party. Also, it will also remove the ability to contest a divorce.How should gambling and excessive drinking be worded in a divorce petition?
When applying for divorce using the fact of unreasonable behaviour, it will generally be necessary to write a few examples of the type of behaviour which was considered unreasonable. If drinking and/or gambling are cited as examples, the type of wording used could be:
*The Respondent started drinking excessively in January 2020 which made the Petitioner feel uncomfortable.
*The Respondent spent £1,000 in casinos since March 2020 which caused financial hardship for the Petitioner.
For more information on wording examples of unreasonable behaviour, see our previous article.Can gambling and excessive drinking affect a divorce settlement?
Unreasonable behaviour will not generally be considered by the court in terms of calculating how the matrimonial pot should be divided.
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Having said that, financial misconduct is more likely to be taken into account than personal misconduct – and excessive gambling, or indeed spending vast sums of money on alcohol, could potentially become relevant.
This is due to section 25 (2)(g) of the Matrimonial Causes Act 1973 which states that the court should have regard to “the conduct of each of the parties if that conduct is such that it would in the opinion of the court be inequitable to disregard it”.
But in practice, the court will be reluctant to penalise the party accused of excessive drinking or gambling, because these behaviours are increasingly viewed as addictions. The 2015 case of MAP v MFP [2015] EWHC 627 (Fam) highlights this reluctance.
In this case, the husband allegedly spent £6,000 per week on alcohol and other drugs, but the court did not adjust the final settlement to take account of an estimated £250,000 spent on his addictive habits, or £230,000 used to try and rectify it in rehab.Start your Unreasonable Behaviour Divorce TodayEffects Of Gambling On Marriage Statistics
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