My husband didn’t tell me that he is an HIV positive when we married. What can do to get out of our marriage?
My husband is an HIV positive. He never told me about this when we got married, it was only last month that I saw his medical documents and figured out that he is an HIV positive. What can I do to get out of this marriage? We live in West Virginia.02/21/2017 | Category: Divorce » Annulment | State: West Virginia | #32577
W. Va. Code § 48-3-103 reads:
“ Voidable marriages.
The following marriages are voidable and are void from the time they are so declared by a judgment order of nullity:
(1) Marriages that are prohibited by law on account of either of the parties having a wife or husband of a prior marriage, when the prior marriage has not been terminated by divorce, annulment or death;
(2) Marriages that are prohibited by law on account of consanguinity or affinity between the parties;
(3) Marriages solemnized when either of the parties:
(A) Was mentally incompetent;
(B) Was afflicted with a sexually transmitted disease;
(C) Was incapable, because of natural or incurable impotency of the body, of entering into the marriage state;
(D) Was under the age of consent; or
(E) Had been, prior to the marriage and without the knowledge of the other party, convicted of a crime punishable by imprisonment in excess of one year under the applicable law of this state, another state or the United States;
(4) Marriages solemnized when, at the time of the marriage, the wife, without the knowledge of the husband, was with child by some person other than the husband.”