Can Sexual Dysfunction Lead to an Illinois Divorce?

 Posted on March 18, 2020 in Divorce

There are many reasons that a marriage can end in divorce. Some couples may find that they want different things in life or that they are not happy together anymore. Other couples may become so distant with each other that one spouse strays outside of their marriage. However, that is not the only sex-related issue that can lead to divorce. In some cases, sexual dysfunction can also be a reason for the split.

Understanding Sexual Dysfunction

Sexual dysfunction can occur with either spouse, though many falsely believe that this is only experienced by males. Sometimes, sexual dysfunction can manifest in men if they have difficulty or inability to maintain an erection. Women may experience pain during intercourse, making it unbearable to have relations with their partner. Sexual dysfunction can be difficult for many couples to deal with and it can often cause other issues in the marriage. If either spouse is experiencing sexual dysfunction, it can lead to a pattern of anxiety, avoidance, or abstinence from sex, damaging the marriage in the process.

Sex serves as a way to bond with your partner, and it helps develop feelings of intimacy and comfort. When you and your partner are experiencing sexual dysfunction, it can be difficult to maintain those feelings. This can cause both partners to become frustrated, sad, or even angry. The partner experiencing the problem may feel too embarrassed to seek help and guilty for not doing so. The partner without the problem may feel guilty for asking for sex or angry for not being able to maintain an active sex life. If the abstinence continues for a long period of time, it can cause emotional detachment or apathy, which can lead to divorce.

Sexual Dysfunction in an Illinois Divorce

Prior to 2016, Illinois accepted both “fault” and “no-fault” divorces. This meant that when you filed for divorce, you could state a specific reason for the divorce or place the “fault” for the breakdown of the marriage on one spouse. The state recognized nine grounds for divorce, one of which was impotence. As of 2016, the state of Illinois became a purely “no-fault” state. Now, you do not have to list any grounds on your divorce petition; you simply have to state that "irreconcilable differences" exist. You and your spouse may agree that your marriage has broken down and that you wish to get divorced, or irreconcilable differences will be presumed if the two of you have lived apart for at least six months.

Sexual dysfunction does not affect your divorce proceedings in any way. Even if sexual dysfunction was the reason why a spouse cheated or committed adultery, it will not play a role in the decisions made during the divorce. According to Illinois law, these decisions should be made “without regard to marital misconduct.”

Speak With a DuPage County Divorce Attorney Today

More often than not, sexual dysfunction is not the actual cause of divorce. For many couples, it can be a catalyst for other issues, such as struggles with self-esteem or communication problems. Other times, sexual dysfunction can be a result of these deeper issues. If you are experiencing sexual dysfunction in your marriage, and you believe a divorce is the best option, you should get in touch with a Wheaton, IL divorce lawyer. At the Goostree Law Group, we understand how complex issues in your marriage can be. Contact our team of attorneys today at 630-364-4046 to schedule a free consultation.

Sources:

https://www.huffpost.com/entry/does-sexual-dysfunction-l_b_994941

https://www.mydomaine.com/is-impotence-and-erectile-dysfunction-damaging-your-marriage-1102901

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59