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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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My husband (soon not to be) SWORE that herpes could not be

Resolved Question:

My husband (soon not to be) SWORE that herpes could not be contagious unless he was having a breakout. Well, I got it anyway. Being that he is trying to take me to the cleaners, can a marriage be annuled for this reason? I know it sounds crazy, but this will impact my ability to have a future relationship. Who wants to sleep with someone with an STD?
Submitted: 8 years ago.
Category: Family Law
Expert:  Tina replied 8 years ago.

Thank you for coming to our JA team for guidance. I am so sorry this is happening to you, especially around the holidays.


Generally, a marriage cannot be annuled if it has been consummated. The STD leads me to believe that it has been consummated, so you would need to file for divorce. If the divorce or any part of a settlement or custody/visitation issues are not agreed upon by both of you, you should retain a family law attorney in your area to represent you. A good place to start is


Again, I am so sorry this is happening to you. I would suggest locating a support group in your area to help you get through this difficult time.


Lets hope the new year brings better things.

Customer: replied 8 years ago.
I understand this answer. However, I read if one spouse lied about something that was important would be a reason for annulment. We have been married almost 11 years and I need to find something to bring to the table. He is an attorney and I am a music teacher. He is coming after my retirement. Pretty pathetic, huh?
Expert:  Tina replied 8 years ago.

Wow. That certainly makes the situation worse. Yes, if your husband engaged in a fraud to get you to marry him, it is possible to obtain an annulment in many states, although the length of your marriage weighs against it. You definitely need to find a local attorney who is ready for a fight. Your husband would likely argue that you should have known that his STD was transmissible even without an outbreak, which relieves him of the fraud allegation.


One day at a time will get you through this.

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