My ex-husband (as of March) decided to tell me that he cheated with two different women. One of the women I found online and spoke with her. She confirmed it was true. He lied and told her he was single and she confirmed no protection was used. I am a mom and very worried at this point about AIDS and other STD's and need to get checked out. I have no health insurance, drawing unemployment, and have two children from a previous marriage. I was faithful the entire marriage (7 years).He said he didn't tell me before because he didn't want me to be able to get alimony (like I wouldn't deserve it). He cares so little that my total income per month is about $1100.00 while his is around $3000.00. He lives at home with his mom and pays no bills except his cell-phone and car insurance.
As a general rule, once a divorce is final, it's done. If your divorce contains a clear waiver of alimony, that issue is over and done with (and alimony is based mostly on income and not fault anyway).
In the event that you find that you do have AIDS or a serious STD and that was undisclosed, that may POSSIBLY give you a reason to deal with that in court and claim fraud. That's a long shot, but if you have a positive test, talk to counsel.
- Glen Ashman - [email protected] - .................. In answering you, I am attempting to communicate general legal information and am not representing you. Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in this email is tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein.
Mr. Ashman nailed it. Alimony is a dead issue. As for an STD, if you have one, you MIGHT be able to make an issue of it, but you'll have to move fast.
Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.
First, regarding alimony - it is an allowance paid out of one party's estate for the benefit of the other spouse. It is primarily grounded in one party's need and the other party's ability to pay. In other words, even if you had pursued alimony, you would have had to demonstrate to the Court that 1) you needed spousal support and 2) that your ex had an ability to pay. Additionally...
The Court would have considered certain equitable factors, including, but not limited to, the length of your marriage, contributions to the marriage, each party's ability to earn an income, health, conduct during the marriage, etc. While your ex's adultery may have impacted the Court's division of assets or an award of alimony, at the end of the day, the Court knows that you can't get blood from a turnip, as the saying goes, so if your ex did not have, when the Court looked at his financial affidavit and any supporting financial documents, the ability to pay alimony, and being that this is a relatively short term marriage and that you are ostensibly able-bodied and gainfully employed, the fact that your ex committed adultery would probably not have had a significant impact on whether the Court awarded alimony. However...
While you cannot generally relitigate a divorce, you may be able to have the judgment set aside it if was grounded in fraud, but that fraud would have to be unmixed with your own negligence. In other words, your ex would likely argue that you could have found out that he had an affair by simply taking his deposition, serviing him with a request for admissions, interrogatories, etc. If you did those things and he lied, then you may have a basis for setting aside the judgment, but you have a limited time period in which to seek to do so, and I cannot tell from the information you provided whether the time frame has expired. You indicated that you were married for 7 years and that you are divorced, but you did not indicate how long ago the divorce was entered. You would be wise to bring a copy of the Judgment to an attorney as soon as possible. Also...
If you, God forbid, contracted AIDS or another serious illness as a result of his infidelity - particularly if he knew that the person with whom he had relations was infected with the AIDS virus - and if knowing that he chose not to use protection, contracted the virus, knew he'd contracted it, and without letting you know that he had it, had unprotected sexual relations with you, then you may very well have a cause of action against him, but you would need to speak with an attorney regarding ALL the facts - whether those facts can be proven in a court of law and whether you have a viable claim(s). First things first...
Get examined, if you have not yet done so, by a physician. I hope all is okay. Best to you.
This answer is offered for informational purposes only. It is not offered as nor does it constitute legal advice. This answer does not constitute an attorney-client relationship. Do not rely on this answer in prosecuting or defending against any criminal or civil legal action. Speak to an attorney in your area about how to protect yourself and your interests.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline