The following is an additional cause of action that may be brought against a spouse. This material can be incorporated, if appropriate, as an integral part of the divorce pleading to be inserted as a paragraph preceding the prayer. (If the material is incorporated in the respondent’s pleading, it should be reworded to reflect that the respondent, rather than the petitioner, is the complainant.) Include in the divorce pleading any further statements required by Tex. R. Civ. P. 47, tailored as appropriate for the relief sought.
Transmitting Sexual Disease
1.Transmitting Sexual Disease
On or about [date] Respondent breached [his/her] duty not to transmit any sexual diseases to the other spouse. Petitioner can prove by a preponderance of the evidence that Respondent’s actions were the proximate cause of the contraction of a particular sexually transmitted disease, commonly known as [specify].
2.Damages
This action proximately resulted in damages to Petitioner for which Petitioner now seeks relief. Those damages include [state specific damages alleged].
3.Prayer
Petitioner prays for judgment against Respondent in a sum within the jurisdictional limits of this Court for [his/her] damages as alleged, for prejudgment and postjudgment interest as allowed by law, for costs of court, and for general relief.