Lack of Romance Reason for Divorce

Couple in bed
It's an age-old joke that after several years of marriage romance dies down, but the thought that a person could get divorced for his or her partner not wanting sex isn't oft-discussed. Yet according to the Chicago Tribune, the idea that a person in a sexless marriage would seek a divorce isn't uncommon. The Chicago Tribune cites one couple, Tom (55), and his wife Shelley (52), who make their marriage work by Tom having affairs to satisfy needs that Shelley isn't interested in fulfilling. Shelley, however, doesn't know about the affairs, and despite Tom's claims that he's attempted to talk out the situation with her, she hasn't changed her opinions on sex. For another couple cited in the Tribune it was the opposite problem—Justine “just filed for divorce… because her husband of 25 years thought that not having sex was OK.” Justine told the Tribune that she “took this drastic step and I'm not changing my mind.”

It may indeed seem a drastic step to seek a divorce on the grounds that a marriage is sexless, but according to many sources it's a completely legitimate reason to begin divorce negotiations. According to Illinois state legislature, the grounds for divorce in a sexless marriage can be found in the Alienation of Affections Act. The same act can be used to sue an ex-spouse if he or she had an affair. In some states, such as New York, alienation of affection is known as constructive abandonment. If either alienation of affection or constructive abandonment is invoked during divorce proceedings, it's likely, according to, that the idea of consent may still be an issue. That is, if both parties consented to a sexless marriage, it may not be grounds for divorce.

If you or someone you know is thinking about divorce because of a sexless marriage, don't go through it alone. Contact an experienced Illinois divorce attorney today.

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