Yes, a sexless marriage can be grounds for divorce, but it depends on the specific laws of the state.
Sexless Marriage and Divorce: Understanding the Grounds
The concept of a sexless marriage leading to divorce often falls under broader legal categories, such as constructive abandonment or non-consummation.
Constructive Abandonment
- Definition: This occurs when one spouse's actions make it impossible for the other spouse to continue the marriage. Lack of intimacy or withholding sex can be considered grounds for divorce under the category of constructive abandonment, depending on the state's laws.
- Example: If one spouse consistently refuses sexual intimacy without a valid reason (like a medical condition), and this behavior causes significant distress and marital breakdown for the other spouse, it may be considered constructive abandonment.
Non-Consummation
- Definition: This typically refers to the failure to have sexual intercourse after the marriage. It may be grounds for annulment (declaring the marriage invalid from the beginning) or divorce, depending on the jurisdiction.
- Example: If a couple never had sexual relations after their marriage, one spouse may seek an annulment or divorce based on non-consummation.
Factors Influencing the Outcome
Several factors can influence whether a sexless marriage will be deemed sufficient grounds for divorce:
- State Laws: Divorce laws vary significantly from state to state. Some states require a specific reason (fault-based divorce), while others allow for no-fault divorce (where no specific misconduct needs to be proven).
- Duration of Sexlessness: The length of time the marriage has been sexless is a significant factor. A longer period of sexual inactivity may strengthen the argument for constructive abandonment.
- Reasons for Sexlessness: The reasons behind the lack of intimacy are important. If there are underlying medical or psychological conditions, the court may take a different view.
- Impact on the Spouse: The emotional and psychological impact on the spouse deprived of intimacy will also be considered. Evidence of distress, depression, or other negative consequences can strengthen the case.
- Attempts at Resolution: Whether the couple has tried counseling or other forms of intervention to address the lack of intimacy is also relevant.
Practical Considerations
If you are considering divorce due to a sexless marriage, consider these steps:
- Consult with an Attorney: An attorney can advise you on the specific laws in your state and the likelihood of success in your case.
- Gather Evidence: Collect any evidence that supports your claim, such as emails, text messages, or journal entries documenting the lack of intimacy and its impact on you.
- Consider Counseling: If possible, attempt marriage counseling to address the issues within the marriage. This shows the court you tried to resolve the problem.
