No sex in years as grounds for divorce

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    • #3001
      Violet
      Participant

      Question: If a husband abandons the marital bed, sleeps downstairs since June 16, 2015 hasn’t had intimate relations with wife since then, can the wife get an immediate divorce after 6 years of having lived without any affection/sex? Testosterone test proved husband didn’t have problems. Thanks in advance

    • #3002
      Lex
      Keymaster

      Well, there really aren’t any immediate divorces based on your scenario. You need to prove adultery for the most part to get an immediate divorce. And, as we have said in other threads, “immediate” is usually about as long as a no-fault divorce.

      The test is whether a married couple has “lived separate and apart” for the required separation period. Although we have seen judges (mostly when these laws were new) stretch the point to an extent, it is far safer, not to mention legally correct, to be physically separated and under different roofs. The issue is whether you were living together as man and wife, not whether there were any sexual relations -although, admittedly, that is a component of living together as man and wife. The bottom line is that it is not worth the risk of having to start all over again with the resulting expense in time and money if the separation period is disputed.

      You would be better off just physically separating, living under different roofs. and then filing for a divorce without fault having to be an issue. One caveat: if you think you are entitled to permanent spousal support, then fault can be a big issue and you need to talk this through with a lawyer.

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