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I think so. What if it had been HIV instead of herpes? I'd say that's grounds for divorce and maybe a criminal suit as well.

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