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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7451
Experience:  Experienced Family Law Attorney
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My husband had an affair with a coworker least 7 yrs. maybe

Customer Question

My husband had an affair with a coworker for at least 7 yrs. maybe more. I was told by the companies HR dept. I could never contact her. She is a single woman. Wanted to find out what my rights are to find out if she has been tested for HIV
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

I am sorry to hear this.

HR doesn't typically have jurisdiction to order a non-employee as to whether they can contact an employee (other than not allowing the person on the premises).

Let me verify some information -it will be a few minutes.

Expert:  LegalGems replied 1 year ago.

Texas abolished the alienation of affection lawsuit; a common law doctrine used to sue mistresses;

Before taking any action, the exact course of conduct should be discussed with a private attorney, to ensure that the proposed action does not constitute harrassment/defamation, based on the detailed facts of the case.

However, if a person intentionally and knowingly transmists an STD, that is a criminal issue and they can be criminally prosecuted. If it was not intentional but was negligent (should have known of disease but didn't; didn't use adequate precautions) then that is a general civil litigation/personal injury case.

During the lawsuit one would subpoena the medical records to prove that the STD existed prior to the affair, and that the defendant knew about the STD.

However, most courts would first require the spouse to be tested, as opposed to infringing upon the privacy of a third party- they would need some kind of proof before ordering testing.

Expert:  LegalGems replied 1 year ago.

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