Divorce and STDs
Cheating is a hard and often fatal blow to families, establishing mistrust and placing strains on future co-parent relationships. Unfortunately, infidelity is one of the leading causes of divorce. There are additional considerations attached to infidelity that can make the situation even more unfortunate. One of these situations is if your former spouse knowingly exposed you to a sexually transmitted disease. Reports demonstrate that approximately 1 in 5 people in the United States have some type of sexually transmitted disease, which means your spouse is at great risk of contracting a disease. While the sexually transmitted disease rate is increasing among all age groups, the disease is increasing most prevalently in the under-twenty five and over-fifty demographics.
Did the Infidelity Cost the Family Money?
If a spouse spent money entertaining a lover then this affair will greatly influence the court’s perspective. Sometimes, the court will assign debt from the affair to the cheating spouse. Other times, the court may deduct money spent on the affair from the cheating spouse’s share of community property.
What Consequences Will A Spouse Who Exposes Me To an STD Face?
In Texas, couples can claim fault and get divorced for reasons including adultery, cruelty, felony conviction, and abandonment. If your spouse knowingly transmitted a sexual disease to you through intercourse, you have the right to file for divorce based on fault on the grounds of cruelty and adultery. When a sexually transmitted disease infected spouse has intercourse with a non-infected spouse, this may qualify as cruelty in Texas. Failure to litigate these claims in the divorce means the plaintiff loses the right to litigate these issues after the divorce.
One who knowingly exposes a spouse to a sexually transmitted disease is liable for a tort based on the concepts of battery, fraud or negligence and might have to pay damages including medical expenses, pain and suffering, punitive damages, and attorney fees. Based on the sexually transmitted disease transmission, a Texas Court may award the injured spouse a disproportionate amount of the community estate. Succeeding in arguing a sexually transmitted disease case, however, means that you can demonstrate your spouse knew about the disease, made no effort to warn you prior to intercourse, and transmitted the disease to you. If you can prove these facts, the Texas Court will likely take measures to ensure that you are compensated for your pain and suffering.
Will My Spouse Be Able to Raise Any Defenses?
A spouse can always raise the claim that he or she was unaware of the sexually transmitted disease. At this point, the opposing spouse’s attorney would need to demonstrate that spouse who spread the disease was aware of his or her condition.
Is There Anything I Can Do To Avoid This Situation?
Many doctors recommend periodic sexually transmitted disease testing for married couple who do not suspect infidelity. It is best to be prepared for such matters rather than risk infection to others. If you test positive for a sexually transmitted disease, schedule counseling.
If you are an ex-spouse and caught a sexually transmitted disease from an unfaithful spouse, do not hesitate to contact a skilled divorce lawyer to ensure you receive the compensation you deserve. Our skilled Houston attorneys at Conner & Lindamood, P.C. are available to assist you today.