My husband didn’t tell me that he is an HIV positive when we married. What can do to get out of our marriage?
Full Question:
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
Answer:
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.”