Full question:
My husband is incapable of having any kind of sexual relations with me since the time we have been dating. We are 4 months into the marriage and we haven’t been able to consummate it until date. On consulting a relationship advisor, he diagnosed that my husband has had a history of addiction to pornography. He cannot have a normal sexual life which is really frustrating for me as a woman. We have been trying all kinds of therapy, which has not had any significant improvement in our lives. I want to end the relationship. Can I divorce him on these grounds?
- Category: Divorce
- Date:
- State: California
Answer:
In California, which is a no-fault divorce state, you can file for divorce based on two grounds as outlined in Cal Fam Code § 2310: (a) irreconcilable differences leading to an irremediable breakdown of the marriage, or (b) permanent legal incapacity to make decisions. You would need to demonstrate that the non-consummation of the marriage contributes to the irreconcilable differences.
Alternatively, you may consider seeking an annulment. An annulment legally cancels the marriage, stating that it never existed. Under Cal Fam Code § 2210, a marriage may be annulled if conditions existed at the time of marriage, such as physical incapacity to enter into the marriage state that continues and appears to be incurable. Given your husband's inability to consummate the marriage, this could provide grounds for annulment.
However, keep in mind that if the marriage is annulled, you would not be entitled to spousal support.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.