VD = Divorce blog

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Permalink Reply by Lovely on September 28, 2008 at 6:37pm

Obviously, if this was your spouse, I think you would want to communicate something like this. Or this is something that you would already know about.

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Permalink Reply by Dan on September 30, 2008 at 4:24pm

I'm talking about this story: Husband Sues Wife for Giving Him Herpes , on the blog here. His wife gave him herpes which she contracted when she cheated on him.

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Permalink Reply by Lovely on October 2, 2008 at 2:52pm

Well, that's not cool. Maybe the judge will rule the defendant must pay in full for his Valtrex medication.

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Permalink Reply by Kasi on October 7, 2008 at 3:43pm

I have a niece who discovered, three years into her marriage, her husband's herpes medication... he never told her. Luckily she hadn't passed it to her son at birth... but she had caught it, and her life is changed forever. I also know a couple who knew the husband had been exposed to herpes during a breakup period, but that successfully married. I think voluntary disclosure is key prior to marriage. And after marriage.... you can sometimes recover successfully from an affair. But I think it might be near to impossible to do so where one's own personal health was put at risk or damaged, and the cheating spouse did not even have the decency to come forward about it on their own.

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Permalink Reply by hitched on October 16, 2008 at 8:38am

It seems a court in Los Angeles is going to weight in on if a person is liable if you pass a sexually transmitted disease to a lover? There's a case going on where a woman is suing her husband (they divorced soon after she sued), claiming he gave her HIV. They both now have AIDS.

Here's a quick breakdown from the article:

On the honeymoon, Bridget didn’t feel well, and neither did John. After returning, Bridget, who had moved to Los Angeles to be with John, went to her new husband’s doctor. The doctor diagnosed HIV infection and told Bridget that she had brought the virus into the marriage. John was tested and he turned up positive, too. Both now have AIDS. Bridget was crushed with guilt. Suddenly both her new marriage — and her life — were in danger. “She thought, here is my straight husband and I love him. He could not have done this,” Grassini says. John also told other people that Bridget had given him HIV.

Then Bridget found some e-mails. According to court papers filed in the case, Bridget “learned that before and during their marriage defendant engaged in promiscuous, unprotected homosexual sex and solicited homosexual sex over the Internet.” They were divorced not long after that and Bridget sued, asking for monetary damages.

John still insists that she gave him AIDS, not the other way around.

Here's a link to the full article with more examples: http://www.msnbc.msn.com/id/27203560/

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Permalink Reply by Kenny on January 6, 2009 at 11:39am

I guess this makes a really good argument for abstinence until marriage and not rushing into a marriage without talking about your past history with your potential mate first. It's seems like that would be something you would want to share with the person you plan on spending the rest of your life with.

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Permalink Reply by nobsdivorce on December 18, 2008 at 4:51am

The divorce process starts by filing a document entitled "Original Petition For Divorce." A petition, called a complaint in other jurisdictions, is nothing more than a "letter" to the court asking the court to grant a divorce and any other relief requested. It will identify the parties and the children. Furthermore, it will apprise the court of those reasons why divorce is sought, i.e., "discord and conflict that destroys the legitimate ends of the marital relationship, adultery, abandonment.


http://www.nobsdivorceadviceguide.com

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Permalink Reply by Mrs. Childress on December 30, 2008 at 6:30am

These types of cases are VERY VERY VERY difficult to "win." And don't fall under normal "personal injury" law, are not criminal, per se, in nature (the element of "intentional" being key) and fall under "torts" - a different legal bastion all together. (I've had two of these types of cases in my 22 years as a family law paralegal.) In the state of California, divorce filings for "infliction of abuse, adultery, emotional and psychological damage at finding out my husband had a gay lover and did not disclose it to me and now I have a medical "issues" that I can't get rid of, etc." SADLY went out the door when "no fault" divorces were instituted in the late 1970's-1980's. Our office advises /counsels clients to get tested for everything BEFORE committing to marriage. We've gone so far as to recently begin to incorporate this language as part of the Premarital Agreement. No testing - no marriage. It's THAT serious.

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