Can I Divorce My Wife For Not Sleeping With Me

Can I Divorce My Wife For Not Sleeping With Me

In some marriages, the spouses are no longer having sexual intercourse. The spouse that is not interested in being intimate with the other spouse would be considered to have left the marriage in states like Virginia.  They call this concept “constructive destruction”.

Contents

Is Intimacy Part Of A Wife’s Marital Duties

Is Not Sleeping With Your Spouse Grounds For Divorce?

Can I Divorce My Wife For Not Sleeping With MeLooking at the history of “marital duties”, you are likely to find a series of books that propose “hygiene” ideas for women that are about to get married. These books would talk about domestic chores for women and men’s duties as breadwinners.  Their advice on sex in marriage was often brief and offered little education to their readers about the subject.

Sexless Marriage In Texas

Wife Refuses Sex Is Grounds For Divorce

Factors such as stress, tiredness, illness, or lack of interest can lead to a sexless marriage.  Different people define a sexless marriage in different ways.  Researchers say that spouses that only have intimacy 10 or fewer times a year are in a sexless marriage.  Texas law cannot force your spouse to be intimate with you, but you can use lack of intimacy as a ground for divorce.

Consider that lack of intimacy is not always a sign that a marriage is deteriorating. Sometimes you can fix the problem by just being creative or putting in more effort.

What Happens In Other States?

In Virginia, there are laws that specify marital duties thanks mostly to the Jamison V. Jamison case in 1987.  Robert E. Jamison, the plaintiff in the case, told the court that his wife had denied him sexual privileges from 1979 and would sleep in their children’s room rather than with Robert. He alleged that she had stopped cooking or cleaning for him and refused to get a job to help the family financially.

The court found that Mary was denying her husband all this because she was angry about her husband’s financial situation and that she did not do anything to try and resolve the matter.  The court concluded that the spouse could not tolerate each other. They were granted a divorce on the grounds of desertion.

Can You Fix A Sexless Marriage?

Sexless marriages are not as uncommon as you may think. Some factors that may lead to a lack of intimacy in marriage include depression, age, unemployment, adultery, and in some cases growing apart. It could be one or a combination of these factors.

But whether or not you should choose divorce in these circumstances depends on what is important to you in your marriage.  Intimacy may not be as integral to your marriage as it is for other couples. If it is important for the stability of your marriage, then you can either try to save the marriage or end it.

Saving the marriage may involve seeing therapists, improving communication between you and your spouse, and forgiving each other for past mistakes. Talk to an experienced divorce attorney if you are thinking of filing for divorce because of your sexless marriage. Texas does not recognize a sexless marriage as grounds for divorce, but you can always file for divorce on the grounds of insupportability.