My husband was arrested and charged with a DUI offense in each of the following years - 1994, 1995, 1996, 1998, 2006. For each of these there were lawyer, fines, court costs, and rehab expenses - as well as the increase in our car insurance. He also was ordered to House Arrest in 1996 - which was expensive, but I don't have any receipts for this. I was told these should not be a marital debt, and could be included in the divorce settlement, but I only have about 5k in receipts - he is stating he has none. Is there anyway to estimate the cost of a DUI in the divorce settlement?
Personal Injury Lawyer
You should repost this question in the family law section.
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Family Law Attorney
No, there is not. And even if you could, it's unlikely that those expenses would be "charged" against your spouse in a divorce occurring nearly 15 years after most of those events -- and 6 years after the most recent. Kansas courts decide how to "equitably divide" property in a marriage at divorce. And, yes, in some circumstances the courts can consider that a party should receive more or less because of "dissipation of assets." Most judges, however, would say that if you didn't want to expend moneys in that way, you could have easily filed for divorce then -- instead of asking now to be "reimbursed."
Make an appointment with a qualified family lawyer to find out about your rights and whether in your situation any recovery is possible. Only by doing so can any lawyer give good advice about individual situations.
This response does not constitute legal advice and does not create an attorney-client relationship. I am licensed to practice only in Kansas. Seek legal advice from an attorney in your state or the state in which your legal claim exists.