Is Lack of Sex a Reason to Get Divorced in Illinois?

 Posted on May 28,2024 in Divorce

Sexual intimacy is widely considered to be a crucial part of marriage. Unfortunately, it is not uncommon for a married couple to experience a lack of sexual intimacy. This happens when:

• A spouse suffers from sexual dysfunction.

• A spouse withholds sex from the other.

• The spouses lose sexual attraction to each other.

Some couples believe that a lack of sexual intimacy is important but not a reason to get a divorce. Others feel that if there is no sexual intimacy, the marriage cannot (or should not) survive. You must do whatever you feel is best in your situation.

Legally, lack of sex can have certain consequences. It is important to consult a divorce attorney if you and your spouse are experiencing a lack of sexual intimacy serious enough to make you consider ending your marriage.

Is Lack of Sex Grounds for Divorce in Illinois?

Illinois is a no-fault divorce state, which means that no one has to be at fault for a divorce to be granted by a court. The only valid legal reason to dissolve a marriage in Illinois is that there are “irreconcilable differences.” 

Because there is no such thing as “grounds for divorce” in Illinois, a lack of sexual intimacy is not a legal basis for divorce. It will not have any bearing on the divorce process or how issues such as property division, child custody, child support, or spousal support are resolved.

Annulment

In some cases, lack of sexual intimacy can be grounds to annul a marriage. Annulment is when a court rules that the marriage is invalid. It is different from divorce, which is the termination of a marriage. An annulment means that the marriage never happened in the eyes of the law. Also unlike divorce, a couple must have grounds to get a marriage annulled by a court.

Those grounds include lack of sexual intimacy. If one of the spouses cannot perform sexually and the other spouse did not know this prior to the marriage, they can seek an annulment. However, you only have one year from the wedding day to file the petition.

Contact a Wheaton, IL Divorce Attorney

If there is a lack of sexual intimacy in your marriage, you may qualify for annulment if you had no prior knowledge that your partner was sexually dysfunctional and you are still within the one-year time window. If you do not qualify for annulment, you may choose to get divorced. In either case, you will file for a dissolution of marriage, which should be done with the guidance of a DuPage County, Illinois divorce lawyer.

At Goostree Law Group, we have over 80 years of combined experience in family law. Our compassionate attorneys are highly knowledgeable and well-equipped to assist you with your legal needs. Let us guide you through your divorce by calling 630-364-4046 today.