Feinberg & Waller, APC
Beverly Hills Office- 310-859-7122
Calabasas Office- 818-224-7900
Exclusivity in Practice
Integrity in Performance
Results-Oriented Divorce Attorneys

Sex, Lies, and Divorce

Here's a nightmare scenario. Imagine divorcing from a spouse and then being diagnosed as HIV positive. Such a scenario would be a nightmare because of both the disease and the fact that it was transmitted by someone you loved and someone with whom you might have believed yourself to be in a monogamous relationship. Fortunately, should this kind of event occur, there is something you can do about it. Legally, you can seek restitution against your partner by filing a claim known as a domestic tort.

Domestic, or inter spousal torts, are claims for damages that arise when those who have been in a relationship experience a betrayal. Not every betrayal, however, has to be as serious as being transmitted a serious disease. Other examples that might warrant a domestic tort include physical, emotional, and psychological abuse, or fraud or theft of property. Whatever the case may be, those who file domestic torts will attempt to have a judge order their former spouse to pay damages. These damages might include medical treatment in the example of a sexually transmitted disease like HIV. More broadly, the damages could be anything that allowed a spouse to be compensated for any losses stemming from the betrayal by their partner.

An additional scenario that domestic torts would also be useful in resolving is invasion of privacy. If, for example, a divorcee felt that a spouse was following them, they could use domestic torts as a means to seek damages. One can also seek Domestic Violence restraining orders in that context. In the case of an invasion of privacy (or other domestic tort), the divorcee filing the tort might claim that the invasion of privacy caused them to suffer panic attacks or other symptoms of stress. Whether a judge chose to award damages in this instance would be entirely up to them. At the very least, though, domestic torts do offer some means of relief from the scenarios that can entangle spouses, long after they have divorced.

No Comments

Leave a comment
Comment Information

Calabasas Office
23501 Park Sorrento
Suite 103
Calabasas, CA 91302

Beverly Hills Office
433 North Camden Drive
Suite 600
Beverly Hills, CA 90210

William A. Feinberg 1928 - 2001

We are grateful for the tremendous service of our founder who passed away.

View Our Video, "Marshall Waller, Martindale Hubble AV Rated Preeminent Attorney"

* CV, BV, and AV are registered certification marks of Reed Elsevier Properties, Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the Judiciary. Martindale-Hubbell ratings fall into two categories-legal ability and general ethical standards.

  • AV Preeminent Martindale Hubbell lawyers Ratings
  • State Bar Of California | California Board of Legal Specialization
  • Ventura County  bar association | Est. 1928
  • Avvo
  • Beverly Hills Bar Association
  • Super lawyers
  • San Fernando Valley Bar Association
  • LACBA | Los Angeles County Bar Association
  • The State Bar of California
  • TLC | Los Angeles | Trial Lawyers Charities