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  1. #1
    Join Date
    Apr 2010
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    5

    Default How to File a Divorce Petition and Sue for Herpes

    My question involves divorce in the State of: FL

    Hi all,

    I am in pain and not feeling well. I don't have the money to hire an attorney and cannot see to get a free legal advice anywhere.

    My wife gave me herpes and never mentioned anything. She was hiding it the whole time from me until I got infected.

    My concern is that FL court records are public. How do I mention this herpes issue in the divorce petition and how do I ask for relief? I already researched te law and I know the only relief they have is money and/or punitive. SHe cheated on me I am sure. She is still traveling and having sex and I am sure she is not telling anyone about her std.

    These are the two things i want to know; just how to write it down. If someone knows how please let me know. I cannot work or do anything until I am done with this. very stressful.

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: How to File a Divorce Petition and Sue for Herpes

    Quote Quoting mike1
    View Post
    My question involves divorce in the State of: FL

    Hi all,

    I am in pain and not feeling well. I don't have the money to hire an attorney and cannot see to get a free legal advice anywhere.

    My wife gave me herpes and never mentioned anything. She was hiding it the whole time from me until I got infected.

    My concern is that FL court records are public. How do I mention this herpes issue in the divorce petition and how do I ask for relief? I already researched te law and I know the only relief they have is money and/or punitive. SHe cheated on me I am sure. She is still traveling and having sex and I am sure she is not telling anyone about her std.

    These are the two things i want to know; just how to write it down. If someone knows how please let me know. I cannot work or do anything until I am done with this. very stressful.
    You cannot get any "relief" concerning the herpes through the court.

    Herpes can lay dormant for many many years, and it is truly impossible to prove that your wife gave you the infection. Even if you could prove it, the laws do not provide for any relief through the court for that.

    Since Florida is a no fault state, just go ahead and file for the divorce if you wish. Leave out the herpes situation.

    Are you hoping to get spousal support from your wife?

    If so, how long have you been married?
    Are there any children from the marriage?
    What are the marital assets?

    What Florida laws have you found that leads you to believe that you can be compensated for the herpes in a divorce proceeding?

  3. #3
    Join Date
    Apr 2010
    Posts
    5

    Default Re: How to File a Divorce Petition and Sue for Herpes

    Sorry but you lack information regarding this. Look it up on google. And yes, there are laws against infecting someone knowingly with a disease.

    All i need is someone to tell me how to write it or at what point to mention it.

    Anyone knows?

  4. #4
    Join Date
    Jan 2006
    Posts
    27,034

    Default Re: How to File a Divorce Petition and Sue for Herpes

    Quote Quoting mike1
    View Post
    And yes, there are laws against infecting someone knowingly with a disease.
    ?
    knowingly, yes. Can you prove it was with prior knowledge?

  5. #5
    Join Date
    Apr 2010
    Posts
    5

    Default Re: How to File a Divorce Petition and Sue for Herpes

    First, she cannot deny having it. Second, there are records in the pharmacy and in her clinic.

    People who don't know are those who never tested for it and never taken any medication.

    I just have no idea how to put the two together. Divorce and herpes in the same petition.

    Can I just right in the petition that I demand relief for a personal injury or negligence and get into the details later at the hearing?

    Or should I file a separate civil case?

  6. #6
    Join Date
    Jan 2006
    Posts
    27,034

    Default Re: How to File a Divorce Petition and Sue for Herpes

    Or should I file a separate civil case?
    there you go.

    First, she cannot deny having it. Second, there are records in the pharmacy and in her clinic.
    People who don't know are those who never tested for it and never taken any medication.
    and neither of those answered the question.

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    26,555

    Default Re: How to File a Divorce Petition and Sue for Herpes

    Seriously OP, her having the disease is NOT proof that she actually contracted it elsewhere or transmitted it to you.

    You need to understand that - for example, what if she accuses YOU of cheating? That YOU transmitted it to HER?

    How can you show that she KNOWINGLY infected you?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  8. #8
    Join Date
    Apr 2010
    Posts
    5

    Default Re: How to File a Divorce Petition and Sue for Herpes

    You did not get my answer. I meant there is documented evidence. It is not just words of mouth.

    So the answer is YES, I CAN.

    But I am not getting any answers from you guys. You ask questions when my question is stated well in the subject.

    How do you do both together?

    JK, says should be in separate civil case. Fine, florida law says all allegations should be brought up at the same time in a divorce. So? what does that mean? Two cases are separate issues!

    I need info.

  9. #9
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    26,555

    Default Re: How to File a Divorce Petition and Sue for Herpes

    Quote Quoting mike1
    View Post
    You did not get my answer. I meant there is documented evidence. It is not just words of mouth.

    So the answer is YES, I CAN.
    No, you can't. You can prove that she has herpes. You are NOT showing proof that a) she actually gave it to you (as opposed to you giving it to her, or b) that she did so knowingly.



    But I am not getting any answers from you guys. You ask questions when my question is stated well in the subject.

    How do you do both together?

    JK, says should be in separate civil case. Fine, florida law says all allegations should be brought up at the same time in a divorce. So? what does that mean? Two cases are separate issues!

    I need info.

    You ARE getting answers - I just don't think you're grasping what you're being told.

    By all means speak with local counsel who can guide you further.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  10. #10
    Join Date
    Apr 2010
    Posts
    5

    Default Re: How to File a Divorce Petition and Sue for Herpes

    Quote Quoting Dogmatique
    View Post
    Seriously OP, her having the disease is NOT proof that she actually contracted it elsewhere or transmitted it to you.

    You need to understand that - for example, what if she accuses YOU of cheating? That YOU transmitted it to HER?

    How can you show that she KNOWINGLY infected you?
    Dogmatique, I have the proof along with other things. This is my job to do and I know that all people lie and say others did it. So I did my homework, been practical and thought "law and court" not he said / she said.

    My only concern is how to start and how do you mention it?

    Quote Quoting Dogmatique
    View Post
    No, you can't. You can prove that she has herpes. You are NOT showing proof that a) she actually gave it to you (as opposed to you giving it to her, or b) that she did so knowingly.





    You ARE getting answers - I just don't think you're grasping what you're being told.

    By all means speak with local counsel who can guide you further.
    In your replies, you say: "How can you show?" To whom? How can you prove? To whom?

    I mean if there is no case or court since we did not go about this yet, why are we concerned with what comes later? Let's take it step by step.

    Suppose you are an attorney, someone came to you with evidence, all what you need AND YOU ACCEPTED that it does make a case. Here comes my question: How to proceed?

    If you can provide help, then there is where I need it.

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