Ocean Springs Divorce Lawyer – Your Husband Has Herpes

You need an Ocean Springs divorce lawyer because your husband has herpes?

How about that for a surprise??

Good gracious.

Just when I think I’ve seen it all in my practice as an Ocean Springs divorce lawyer, something like this pops up.

Ocean Springs Divorce Lawyer – Is This Real?

Yes, this is a real case.

Rebecca Robertson married Elmer Farris.

Elmer, the nice guy that he is, decides that he isn’t going to tell Rebecca that he has herpes.

I guess we have to make people give us a medical authorization so we can go get all their medical records before we marry them now.

I don’t know how else to solve that problem.

The trial court judge was a little ticked off about Elmer’s deception.

Elmer makes Rebecca sign a pre-nuptial agreement

Fortunately, in this case, the Court agrees that Rebecca can get a divorce on cruel and inhuman treatment.

Here is the legal mumbo jumbo that no one can really understand:

Habitual cruel and inhuman treatment is conduct that either: (1) endangers life, limb, or health, or creates a reasonable apprehension of such danger and renders the relationship unsafe for the party seeking relief, or (2) is so ‘unnatural and infamous’ as to render the
marriage revolting to the non-offending spouse, making it impossible to carry out the duties of the marriage, therefore destroying the basis for its continuance.

The party seeking a divorce must prove habitual cruel and inhuman treatment by a preponderance of the evidence.  While the chancellor’s determinations of the events that preceded the divorce are findings of fact, a finding that  conduct rose to the level of habitual cruel and inhuman treatment as defined as a ground for divorce  is a determination of law, and is reversible where the chancellor has employed an erroneous legal standard.

This is the first case that I am aware of about getting a divorce on cruel and inhuman treatment in Mississippi for herpes.

Ocean Springs Divorce Lawyer – The Result?

So back to Eugene and Rebecca.

Genius Gene as I like to call him knew his first wife had herpes.

So, when he marries Rebecca he knows this and doesn’t tell her.

Chivalry, courtesy, and everything else is clearly dead.

So, actually luckily for Rebecca she gets the divorce.

I say luckily because if you follow my blog, you know that getting a divorce in Mississippi can be a real pain in the neck sometimes (as in your husband can beat the crap out of you but you may still be stuck in a marriage and unable to get divorced).

The Court of Appeals gave Rebecca the short end of the stick on the prenuptial agreement though and found it was enforceable.

She did get alimony though.

Moral: As an Ocean Springs divorce lawyer, I honestly don’t know.

Good night in Heaven this is crazy!