Is Lack of Intimacy Grounds for Divorce?

Your marriage started out hot and heavy. You and your spouse couldn’t keep your hands off one another. Then work got busy, life became more stressful, you added children to the mix, and before you know it, you and your spouse grew apart. Even worse, you cannot remember the last time you had sex, let alone talked about it. Every time you reach out for some affection or broach the subject of lack of intimacy, your spouse slinks away or blows up about a non-related topic. Sound familiar?

Lack of Sex Not Grounds in Texas

While this might be a miserable way to live as a married couple, lack of intimacy or sex is not grounds for divorce in Texas. But that doesn’t mean you cannot end your marriage. Texas is a no-fault state when it comes to divorce. You do not have to have a reason or prove your spouse did something wrong in order to file for divorce.

No-Fault Divorce

You only need to claim the marriage has become insupportable, meaning there’s enough discord or personality conflict to have destroyed your union and prevent any reasonable expectation of reconciliation. The court may then grant a divorce without regard to fault.

Legal Grounds 

A sexless marriage might seem like a good reason to end a marriage, but Texas family law lists only the following reasons for an at-fault divorce:

  • Physical or mental cruelty
  • Adultery
  • Felony conviction along with imprisonment for at least one year (note, the law does not consider either conviction alone or felony charges without conviction, no matter how many, as at-fault reasons)
  • Abandonment
  • Living apart for at least three years
  • Confinement in a mental hospital for at least three years

Having your spouse deny you sex might feel like abandonment or cruelty, but according to Texas Family Code, it is not. Lack of intimacy isn’t even a factor for judges to use in determining spousal support or alimony, as adultery and cruelty are. 

The Statistics

Statistics on sexless marriages vary depending on spouses’ ages and the definition of sexless (some surveys define it as three months without sex while others look at one year or up to five years), but most studies on the subject report that 10% to 25% of marriages lack significant intimacy. Countless surveys list infidelity, incompatibility, money problems, and alcohol or drug addictions as top reasons for divorce, but none mention lack of sex.

Lack of sex, however, can result in dissatisfaction with a marriage, which can lead to spouses becoming incompatible, which can lead to one spouse seeking sexual satisfaction elsewhere. One spouse’s decision to withhold sex, whether it stems from lack of sex drive or is being used as a weapon in fights, can result in anger and resentment and can ultimately destroy a marriage. While some couples are happy to live platonically, for many, lack of sex is a recipe for disaster.

OUR DIVORCE ATTORNEYS CAN HELP

Divorce is challenging, but with Alexandra Geczi LLC, you are not alone. Our attorneys are here to help you discreetly navigate the process and protect your interests so that you can move forward into a bright, bold future. Contact us today at 214-974-4449.

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