Sexless Marriage and Divorce in North Carolina

 
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Love is critical to most marriages, but physical attraction and an intimate connection are also essential. If your union lacks the intimacy you once hoped for, you might consider getting a divorce. You deserve to be in a marriage that meets all your needs, including the physical ones.

The experienced divorce attorneys at Breeden Law Office are here to help you know your options if you are in a sexless marriage.

What Is a Sexless Marriage

A sexless marriage is one where physical intimacy is either rare or nonexistent. You might try to talk to your spouse about your needs, but they refuse to discuss the situation. In other cases, an incurable medical condition may prevent you from being able to have sexual relations. In any case, a sexless marriage can lead to a no-sex divorce.

While North Carolina is a no-fault divorce state, a sexless marriage can qualify as grounds for other factors. You might be able to get alimony or spousal support awarded if your spouse is cheating on you and not having sex with you.

Similarly, divorce from bed and board, which is not absolute divorce, but like legal separation, may be based on fault grounds like abandonment. A sexless marriage may be considered constructive abandonment in some circumstances.

Why File for a Sexless Marriage Instead of a No-Fault Divorce?

No-fault divorce is often the easiest and quickest way to terminate a marriage. However, there are situations where it can be beneficial for you to file for a sexless marriage divorce.

For example, if your partner committed adultery or cheated on you and refused to have sexual relations with you, you may get alimony or spousal support.

Are There Other Grounds Besides No Sex for Divorce?

A sexless marriage could indicate that other issues might be grounds for divorce from bed and board or legal separation. Some other grounds that might be related to a no-sex marriage include:

  • Excessive drug or alcohol use
  • Cruel treatment that makes life intolerable
  • Infliction of indignities
  • Constructive abandonment
  • Malicious turning out of the home
  • Adultery or cheating

If your spouse refuses to have physical intimacy with you or no longer has any sexual desires, you might consider other issues that may lead to a sexless marriage divorce.

Is Withholding Sex Like Constructive Abandonment?

While you are not entitled to sex, if there is no intimacy within your marriage, it could constitute constructive abandonment. Constructive abandonment is willful behavior that goes beyond what would be acceptable within a typical marriage. Deliberate withholding of affection would be constructive abandonment.

It’s essential to try to talk to your spouse about the situation. You might even try a sex therapist to work on the issue. However, if they refuse to rectify the sexless marriage, it could be grounds for divorce.

What’s the Outcome of a Divorce on Sexless Marriage Grounds?

An absolute divorce may only be achieved on no-fault grounds in North Carolina. However, you can get a divorce from bed and board based on fault, such as a sexless marriage. In that case, you can get a court order for all of the everyday issues that you would handle in a no-fault divorce, including:

Why You Need a North Carolina Divorce Attorney

Divorce is always overwhelming, especially when it involves intimacy matters. You may not even want a divorce but feel you have no other option to meet your needs. You shouldn’t have to deal with these matters alone. A North Carolina divorce attorney can help you:

  • Gather evidence to support your claims
  • Seek help with your own problems associated with the divorce
  • Draft legal documents
  • File pleadings with the court
  • Attend court hearings
  • Negotiate with your spouse and their attorney

A divorce lawyer can support you at every step of the process when you’re seeking a separation due to sexless marriage.

Call Breeden Law for Help Leaving Your Sexless Marriage

Breeden Law Office has extensive experience helping clients get the divorce they need to move forward with life. We will compassionately listen to your story and help you understand your options. When you call us, you have a legal professional on your side to stand up for your rights and ensure you don’t get taken advantage of.

Call attorney Jonathan Breeden today at (919) 661-4970 or use our online contact form to reach out and schedule a case consultation.

It may sound odd, but you can file for divorce if there’s a lack of intimacy in your marriage. Understanding the nuances of the law could require explanations by an experienced family law attorney like Jonathan Breeden.

You can call the office for more information or use the online contact form.

Call Breeden Law Office today:

Call (919) 661-4970
 
 

Divorce In North Carolina: What You Need To Know

A book by Jonathan Breeden

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