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Old 10-26-2009, 08:36 PM
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Join Date: Oct 2009
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Malicious Prosecution/Libel


What is the name of your state (only U.S. law)? Texas

My wife filed for divorce in Texas. In her petition she alleged that I acquired an STD (HPV) during the marriage and transmitted it to her. However, according to my doctor and all the available information I have seen:

1. There is no test for males to determine if they have this particular STD - so it is medically impossible to prove if I have this.

2. This STD can remain dormant for up to 20 years or longer with no visible symptoms. So it is equally possible that my wife got this before we were married and transmitted it to me.

Do I have a claim for libel or malicious prosecution against my wife? Against her attorney?What is the name of your state (only U.S. law)?
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Old 10-27-2009, 08:29 PM
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Join Date: Jan 2007
Location: Michigan
Posts: 5,147
If your wife is trying to use adultery as grounds for your divorce (for a bigger slice of the marital asset pie), and she is using as her sole proof of this adultery the fact that she has a form of the HPV, a court will (probably) not find this sufficient enough evidence to support her grounds. Her fault-based petition may be dismissed.

HPV is one of the most common of viruses, with more than 100 different strains, some of which are genital and some of which are non-genital. Genital HPV is transmitted almost exclusively through sexual intercourse but, because it is often a hidden virus and can be dormant for years, it may only be detected if there is an appearance of genital warts in the cervix, vagina, anus, vulva, head of penis, mouth or throat. All sexually active people are at a high risk of contracting HPV at some point in their life, although most people will never experience any symptoms.

You are right that your wife would have a hard time proving the virus originated with you, if she had any other sexual partners before (or during) your marriage, and she would have a hard time proving the virus was not contracted by either one of you prior to your marriage.

As for suing her for libel, no, you do not have a claim based on what you have posted here. What is said in the petition for divorce is privileged and not subject to civil action. If your wife is claiming to others that you had an adulterous affair that led to her contracting an STD, however, then you could have a legitimate cause of action and you should speak with an attorney in Texas.

Last edited by quincy; 10-27-2009 at 08:32 PM.
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