Legal Question in Family Law in Virginia
Annulment + Lawsuit???
I recently discovered I may qualify for an annulment based on fraud. I am also planning to sue my husband for medical care expenses stemming from his infecting me with an std after lying to me about previous partners and history. If I file for or get an annulment would that make it impossible to file the civil suit against him, being as the circumstances (fraud) are the same for both the annulment and the civil action?
1 Answer from Attorneys
Re: Annulment + Lawsuit???
The suit for annulment, like divorce, would be a chancery action on the equity side of the court(at least until January 1, 2006)and the other an action in tort on the law side for damages.
However, even after the above referenced date, these will still be separate civil actions which would be independently filed and subject to separate respective and independent proofs. Whether one succeeds or fails should not be necessarily determinative of the outcome of the other and your successful suit for annulment would not be a bar to a later subsequent tort action for damages.
Note: You have posed this question before in this forum and I hope by now you have consulted with an appropriately qualified attorney on these matters as my cursory surmise would characterize both as legally dubious.
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