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Can you file for a Georgia divorce based on impotence grounds?

On Behalf of | Jun 1, 2023 | Divorce |

A married couple’s intimate connection can take many forms – physical, intellectual, emotional or spiritual. All these require that you and your spouse entrust each other with your most vulnerable selves.

But if your spouse suffers from a medical condition that inhibits them from engaging in passionate sexual relations, it may strain the marriage enough that it deteriorates into a divorce.

Causes of impotence

Impotence, interchangeably used with erectile dysfunction, is the incapacity to achieve or maintain an erection for a satisfactory sexual activity. The Urology Care Foundation estimates 30 million Americans experiencing this sexual condition. A spouse’s impotence at the time of marriage is a valid ground for a fault-based Georgia divorce. Here are possible underlying factors about your spouse’s impotence:

  • Unhealthy lifestyle choices: Smoking, excessive drinking and illegal substances
  • Endocrine and neurologic diseases: Diabetes, Alzheimer’s, Parkinson’s, and brain or spinal tumors
  • Certain medications: Antihistamines and central nervous system depressants or stimulants
  • Unstable mental well-being and behavior: Anxiety and depression

Understanding that impotence differs from infertility or the inability to produce a child is vital. You must also prove in a divorce court that your spouse is not actually impotent and only refuses to have sex. Further, they can also claim that you do not want to engage in sexual intercourse. Thus, gathering sufficient medical basis, like doctor’s notes and prescriptions, is wise to prove your spouse’s permanent and incurable impotence.

Drawing boundaries

If you feel trapped in a sexless marriage, anger, resentment, shame and rejection ultimately come to light. Thus, it’s likely that you’re pulling away and can’t find the fire to save your marriage. Know that you can speak to a legal divorce counsel to help draw the line on the kind of lifetime relationship you hope for.