Do I Have Grounds For Divorce in Illinois If My Spouse Withholds Sex?

 Posted on June 23, 2022 in Divorce

Married couples in Illinois must navigate a complex variety of issues to keep a marriage healthy and happy. In addition to financial concerns, raising children, managing careers, and running a household, couples must also try to maintain a close sexual and emotional relationship. Unsurprisingly, sex is one of the issues couples most often experience conflict over. If the issues are serious enough, disagreement about sex can lead to divorce.  

In some cases, issues around sex are present from the beginning of the relationship. Other times, they take years to develop and only become existentially threatening after a variety of treatment methods have been exhausted. If you are in a sexually dysfunctional marriage and are wondering whether you are justified in seeking a divorce, know that some people in your situation have decided that a lifetime of sexual dissatisfaction is a good enough reason to end a relationship while others have decided to stay married. The right choice for you will depend on many factors.  However, knowing more about your legal options may help you feel empowered to make a decision. 

Sexual Dysfunction and Annulment

Annulment, called a “declaration of invalidity of marriage” in Illinois, is only available in specific, limited circumstances. If two people got married and the couple discovers that one spouse lacks the capacity to sexually consummate the marriage, this is grounds for declaring the marriage invalid. Petitioning to declare the marriage invalid must happen within a year of discovering one spouse is unable to have sex.

Sexual Dysfunction and Divorce

Illinois is a no-fault divorce state, meaning neither spouse needs a specific reason to get divorced. In fact, “irreconcilable differences” is the only reason spouses can give on a divorce petition. If both spouses want to get divorced, the divorce process can begin right away. If one spouse does not want to get divorced, spouses must live separate and apart for a minimum of six months before the divorce can be finalized. Because sexual dysfunction is not a legal grounds for divorce, it will have no impact on the divorce proceedings. 

Speak with a Wheaton, IL Divorce and Annulment Lawyer

A marriage without intimacy is a recipe for a lifetime of loneliness. Whether you just got married or have been married for many years, if your spouse is withholding sex from you or is incapable of engaging in sexual activity, consider meeting with an experienced DuPage County divorce attorney with The Stogsdill Law Firm, P.C.. We can explore your options in a confidential consultation so you can make an informed decision. Call us now at 630-462-9500. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+III&ActID=2086&ChapterID=59&SeqStart=3137500&SeqEnd=3900000