Can Concealing an STD Like Herpes Affect Your Divorce in Colorado?

Does Colorado Allow Divorce Based on STD Concealment?

Colorado is strictly a no-fault divorce state. Under C.R.S. § 14-10-106, the only ground for dissolution of marriage is that the marriage is "irretrievably broken." You do not need to prove fault, adultery, or fraud to obtain a divorce. That said, your spouse's decade-long concealment of an HSV-2 diagnosis raises several legal issues beyond the divorce petition itself.

Approximately 572,000 new genital herpes infections occur annually in the United States according to the CDC, and roughly 11.9% of Americans aged 14–49 have HSV-2. While common, knowingly concealing a diagnosis from a sexual partner raises serious legal and ethical concerns.

Could You Pursue an Annulment Instead?

Under C.R.S. § 14-10-111, a marriage may be declared invalid if consent was obtained by fraud. Your spouse's deliberate concealment of a communicable STD for the entire duration of your relationship — including before marriage — could potentially qualify as fraud that goes to the "essentials of the marriage." Colorado courts require the fraud to be material, meaning it must relate to something that would have changed your decision to marry. Concealing a lifelong sexually transmitted infection for 2–4 years before the relationship even began is a strong argument for materiality.

However, annulment petitions must typically be filed within a reasonable time after discovering the fraud, so acting promptly is important. An annulment could affect property division differently than a standard dissolution.

What About a Civil Lawsuit for STD Transmission?

Separate from your divorce proceedings in Colorado, you may have grounds for a civil tort claim against your spouse. Colorado recognizes causes of action for:

• Fraudulent concealment — knowingly hiding a material health condition from an intimate partner
• Negligent transmission — failing to disclose a known STD before sexual contact
• Battery — if sexual contact occurred without informed consent due to the concealment

Damages in these cases can include medical expenses, emotional distress, and in some cases punitive damages. According to legal research, jury awards in STD transmission cases have ranged from $50,000 to over $6 million depending on circumstances.

How Does This Affect Property Division?

Colorado follows equitable distribution principles under C.R.S. § 14-10-113. While the court divides marital property based on fairness rather than fault, your attorney may argue that the concealment is relevant to the overall equity of the settlement. Any medical costs you've incurred — including the visit for what was diagnosed as shingles — could be factored into economic circumstances the court considers.

Review the Colorado divorce checklist to ensure you're documenting everything, including medical records, your spouse's admission of the diagnosis, and any related expenses.

What Steps Should You Take Now?

1. Get comprehensive STD testing — confirm your status with full panel testing, not just the prior shingles diagnosis
2. Document your spouse's admission — write down exactly what was said, when, and any witnesses present
3. Consult a family law attorney — find an attorney in your Colorado county who handles both dissolution and potential tort claims
4. Preserve all medical records — request records from the doctor who diagnosed shingles, as HSV-2 can sometimes be misdiagnosed
5. Understand the custody implications — regarding his threats to take the children out of state, Colorado's Uniform Child-Custody Jurisdiction and Enforcement Act protects against unauthorized relocation

For more on how Colorado handles the overall process, review our Colorado divorce resources and Colorado divorce statistics to understand timelines and costs in your jurisdiction.