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Date: 11-15-2024
Case Style:
W.D.G. v. K.S.G.
Case Number: DR-23-900024
Judge: Not Available
Court: Circuit Court, Perry County, Alabama
Plaintiff's Attorney:
Defendant's Attorney:
Description:
Marion, Alabama family law lawyers represented husband and wife in a marriage dissolution action.
On March 6, 2023, K.S.G. ("the wife") filed a complaint seeking a divorce from the husband. The next day, the trial court entered an ex parte status quo order. The husband filed an answer and a counterclaim for a divorce on April 4, 2023. The wife thereafter filed a reply to the counterclaim. On July 28, 2023, the wife filed a motion requesting that the husband be held in contempt for violating the status quo order.
After a trial, the trial court entered a judgment on January 16, 2024, divorcing the parties based on the husband's adultery, dividing the parties' property and debts, ordering the husband to pay alimony in gross, and ordering the husband to pay a portion of the wife's attorney's fees. On January 23, 2024, the trial court entered an order finding the husband in contempt of court.
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In the present case, the evidence indicated that the parties were married in 1988. The wife testified that she thought that she and the husband had a great marriage until October 2017, at which time the husband became seriously ill. According to the wife and the parties' daughter, the husband was hospitalized and diagnosed with AIDS. The husband, on the other hand, testified that he was diagnosed with HIV, not AIDS. According to the husband, during the parties' marriage, he never voluntarily had sex with anyone other than the wife. He testified that he had been raped on the side of the road in 2011 or 2012 but did not tell the wife until after he became ill in 2017. According to the husband, he did not report the rape to the police or go to the hospital. The husband testified that he initially believed that he had contracted HIV from the rape; however, he stated that he later learned that he likely contracted HIV from a blood transfusion during his illness. The trial court stated in the judgment that it found the husband's testimony regarding the alleged rape to be "totally unbelievable." The wife has been tested for HIV numerous times since 2017, and she has tested negative each time.
W.D.G. v. K.S.G., CL-2024-0223 (Ala. Civ. App. Nov 15, 2024)
Outcome: Affirmed in part, reversed in part and remanded.
Plaintiff's Experts:
Defendant's Experts:
Comments: