hi i know this isnt really the place to ask such questions, but i am going through a messy divorce (marraige < 1 year) right now and the girl has brought up the fact that she wants to sue me for adultery and for emotional damages due to depression, missed work, and claim that i gave her a non-life threatening STD which I may have picked up before we got married, etc. i plan to see a lawyer and i've researched BC supreme court cases about this and havent found much (other than in Family law, there is a no fault statute that doesnt place blame on anyone for the divorce). just wondering if anyone have been through something like this and could give any advice.
divorce question...
- Thread starter AgentSmith99
- Start date
You need to answear a few questions Agent
-Were you fooling around?
-Did she catch you?
-Has she got proof?
-What was the STD?
-Whats the etc?
Your lawyer will be able to advise you on this. Numerous members have been divorced and have some tales to tell, but you need information straight from a lawyer on the issues you have raised.
(Any of the lawyers on this site, and there are a few of us, would tell you the same thing. Thank god, I do not do family law.)
(Any of the lawyers on this site, and there are a few of us, would tell you the same thing. Thank god, I do not do family law.)
Hi,
Yes, I was fooling around and I was the one who told her because i realized very soon or even before marraige that I was really not ready. The proof is whatever i told her and the std is Hep B. there is really no etc.
Thanks. Yes i am planning to see a lawyer next week. Another question is how much do lawyers usually run per hour? The lawyer that i have been talking to quoted me $270 per hour is sounds pretty steep (I was expecting closer to $200)....
oh boy...
Stop with the guilt!
Ok..here's the thing. You may not have been the only one fooling around! If the relationship had got to the " I feel like foolin' around, because we lost a little something.." stage, then maybe, you're not the only one. Men need a place, Women need a reason. (..or maybe just 8 shooters on a girls night out.)
Do not assume for a second that she will/did not do it to you!
Over 70% over divorces are initiated by women. (2 articles via internet, can't confirm)
Women are just more(way more) discreet than men.
You can get Hep A, B without actually having sex, so cheating(call it what you want, don't care) can take on many forms, kissing..etc.
So my point is is that SHE may have contracted this herself, and you may want to counter-sue!
Do not take the blame for this, just because you feel guilty of fooling around. You may not have been the only one.
Good Luck!
Stop with the guilt!
Ok..here's the thing. You may not have been the only one fooling around! If the relationship had got to the " I feel like foolin' around, because we lost a little something.." stage, then maybe, you're not the only one. Men need a place, Women need a reason. (..or maybe just 8 shooters on a girls night out.)
Do not assume for a second that she will/did not do it to you!
Over 70% over divorces are initiated by women. (2 articles via internet, can't confirm)
Women are just more(way more) discreet than men.
You can get Hep A, B without actually having sex, so cheating(call it what you want, don't care) can take on many forms, kissing..etc.
So my point is is that SHE may have contracted this herself, and you may want to counter-sue!
Do not take the blame for this, just because you feel guilty of fooling around. You may not have been the only one.
Good Luck!
OK so the guy fools around, he knows he's got a STD, and he does nothing to protect his wife.
Man you should get the boots thrown at you - you deserve it.
Give her whatever she wants - you need to learn your lesson.
Good advice to let things calm down. If it's over move out and don't be in a hurry to do anything. Time and some contrition on your part can go along way to making things better. If you can use a mediator, it's a better route than expensive lawyers. When I went through it a few years ago, i threw up when I got the 1st bill from my lawyer.
Thank you for all of your replies. It is just very emotional taxing going through something like this. I would never ever intentionally try to pass her an STD , I just never had any symptoms nor are there for Hep B. At the end of the day, I also wish this was not happening but it is. I also am not for certain that I did not pick up Hep B prior to us getting married...anyways, I am seeing a lawyer tomorrow at least for some initial advice. Will let you guys know how it goes.
Thx again!
Thx again!
Adultery is a ground for divorce but is not supposed to be a basis for awarding the other spouse a greater share of property or support. The length of the marriage and the role of each spouse during the marriage are more important factors.
As for passing on an STD I would think you had to have known you had the STD and passed on on intentionally or recklessly, in order to be liable for paying any damages.
As for passing on an STD I would think you had to have known you had the STD and passed on on intentionally or recklessly, in order to be liable for paying any damages.
In the Divorce Act, there has to be a breakdown of a marriage and that is defined as follows:
DIVORCE
Divorce
8. (1) A court of competent jurisdiction may, on application by either or both spouses, grant a divorce to the spouse or spouses on the ground that there has been a breakdown of their marriage.
Breakdown of marriage
(2) Breakdown of a marriage is established only if
(a) the spouses have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding and were living separate and apart at the commencement of the proceeding; or
(b) the spouse against whom the divorce proceeding is brought has, since celebration of the marriage,
(i) committed adultery, or
(ii) treated the other spouse with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses.
DIVORCE
Divorce
8. (1) A court of competent jurisdiction may, on application by either or both spouses, grant a divorce to the spouse or spouses on the ground that there has been a breakdown of their marriage.
Breakdown of marriage
(2) Breakdown of a marriage is established only if
(a) the spouses have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding and were living separate and apart at the commencement of the proceeding; or
(b) the spouse against whom the divorce proceeding is brought has, since celebration of the marriage,
(i) committed adultery, or
(ii) treated the other spouse with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses.
