Legal Question in Family Law in Washington

Re: Sue for herpes in divorce

Generally in WA state divorce is no - fault, that is, the court will not inquire as to the reason (fault) for the divorce.

I *think* your problem would be causation. How do you prove that you got herpes from her? (I know, that sounds horrible) but all she would have to raise is a reasonable doubt that you contracted herpes elsewhere and your case fails for lack of proof of causation. It was how many years ago? There's a statute of limitations on negligence of three years, intentional torts of two years. If you've known since 1988 that you had herpes but you never raised it until now, chances are a court would dismiss the claim for staleness.

That said, you might want to talk to a lawyer who practices personal injury law and get their take on this.

But from my perspective (matrimonial) I think I would not encourage you to raise it as an issue in your dissolution action.