Legal Question in Family Law in Tennessee
suing for damages
I contracted genital herpes from my husband who I intend to divorce soon who did not tell me he had it. His ex wife told me she had it too as well as his girlfriend who says she didnt have it before she was with him. can I order him to be tested since he is obviously giving this horrible thing to so many women. He also cheated on me all the time with numberous women and also has had an affair with a man who is dying of AUDS. He will not get tested. I do and so far have been negative to HIV. I am very concerned and he has put me through so much torture emotionally and mentally, now physically (healthwise). We have a baby and he has not helped me in any way with her claiming he has no money, but will go buy his girlfriend clothes and was paying for her 5 year old to go to private school. We dont live together now, but he is constantly wanting to see me and our daughter but I dont want to be around him anymore. I need a lawyer, but cant really afford one right now. He just went gambling and had refused to help me buy a pack of diapers for the baby when he had the money to do so and I was running short on cash. I had to borrow it from my oldest duaghter. Are these things really considered in a divorce?
There is much more too.
2 Answers from Attorneys
Re: suing for damages
A court will consider everything you have mentioned, but only if it is presented. Just as with the testing you would like -- you can get it, but only if you ask for it properly during the divorce. You also should consider suing your husband for the emotional distress of learning he had exposed you to VD, even if you have not gotten it -- you would have to file that lawsuit within one year from the date you learned of it. Any particular act of infidelity is also only grounds for divorce if you do not have sex with him after you learn of it, but even if you have it appears you would have ample other grounds for the divorce. If you would like to discuss your options further, simply contact me thru my website at jesbeard.com
Re: suing for damages
You may have a personal injury claim against your own husband and as a result you have filing deadlines to be aware of. Contact an attorney familiar with this type of case as soon as possible.