Navigating the end of a marriage is never easy, especially when the cause is as sensitive as a lack of intimacy. At Hobson & Hobson, P.C., we understand the emotional and legal complexities surrounding sexless marriage divorce. Our team, serving Atlanta, Canton, Marietta, Alpharetta, Milton, Roswell, and Duluth, is committed to providing clear guidance and innovative solutions for clients facing these challenging circumstances.
Understanding Sexless Marriage Divorce in Georgia
A sexless marriage — commonly defined as having sex less than 10 times per year — affects an estimated 15-20% of marriages in the United States. While emotional dissatisfaction and lack of intimacy are frequently cited as reasons for marital breakdown, Georgia law does not list “sexless marriage” as a standalone ground for divorce. Instead, the law provides both no-fault and fault-based options that may be relevant to your situation.
Legal Grounds for Divorce Due to Lack of Intimacy
No-Fault Divorce: “Irretrievably Broken” Marriages
In Georgia, the most common path to divorce is the no-fault ground of an “irretrievably broken” marriage. This means that the relationship cannot be repaired, and neither spouse is required to prove wrongdoing. A sexless marriage often contributes to this breakdown, making it a relevant factor even if not explicitly cited in legal documents.
Fault-Based Divorce: Desertion and Impotence
Georgia law also recognizes several fault-based grounds for divorce, including:
- Desertion: If one spouse willfully refuses cohabitation or sexual relations for a year or more without justification, this may be considered desertion. However, proving desertion based solely on lack of sex can be challenging and requires thorough documentation.
- Impotence at the Time of Marriage: If one spouse was impotent at the time of marriage and this was undisclosed, it can serve as a fault-based ground for divorce.
Key Insight: While withholding sex is not explicitly listed as a ground for divorce, it may fall under “desertion” if the absence is willful and unjustified. Most cases, however, proceed under the “irretrievably broken” standard, where lack of intimacy is part of the overall context.
Is Lack of Intimacy Grounds for Divorce in Georgia?
- Is a sexless marriage grounds for divorce? Not directly, but it can support claims of irretrievable breakdown or desertion.
- Is lack of sex a reason for divorce? Yes, as part of the broader context of marital dissatisfaction.
- Is withholding sex grounds for divorce? Potentially, if it constitutes willful desertion for over a year.
For more on Georgia’s divorce laws, see the Georgia Code on Divorce.
The Divorce Process for Sexless Marriages
Documentation and Evidence
If you are considering divorce due to lack of intimacy, it is crucial to document the circumstances and duration of the issue. This is especially important if you plan to pursue a fault-based claim such as desertion. Courts may consider emotional deprivation and its impact on your well-being, particularly in decisions regarding alimony and spousal support.
Mediation and Negotiation
Most divorces in Georgia are settled outside of court. At Hobson & Hobson, we leverage advanced technology and mediation techniques to facilitate amicable resolutions whenever possible. Our approach balances empathy with assertive advocacy, ensuring your interests are protected throughout the process.
Litigation When Necessary
While we strive for amicable solutions, we are fully prepared to litigate aggressively when your parental rights, finances, or well-being are at stake. Our attorneys have over 30 years of combined experience and specialized litigation training, equipping us to handle even the most complex family law matters.
Impact on Alimony and Custody
Lack of intimacy, while not a direct ground for divorce, can influence the court’s decisions regarding alimony and child custody. Emotional distress resulting from a sexless marriage may be considered, especially if it has contributed significantly to the breakdown of the relationship.
Professional Advice: Document the emotional and practical impact of the lack of intimacy. This information can be valuable in negotiations and, if necessary, in court proceedings.
Why Choose Hobson & Hobson, P.C.?
- Experience: Over 30 years of combined experience in divorce and custody cases.
- Specialized Training: Our attorneys undergo ongoing training to stay current with evolving family law.
- Client-Centric Approach: We prioritize your needs, offering transparent communication and innovative solutions.
- Convenience: Five office locations across the Atlanta metro area.
- Technology-Driven: We leverage modern technology for efficient case management and communication.
Learn more about our services at Hobson & Hobson, P.C..
Frequently Asked Questions
How long without having sex in a marriage is grounds for divorce in Georgia?
If one spouse willfully withholds sex for at least one year without justification, it may be considered desertion — a fault-based ground for divorce. However, most cases proceed under the no-fault ground of “irretrievably broken.”
Is lack of intimacy grounds for divorce?
Lack of intimacy alone is not a standalone ground but can support claims of irretrievable breakdown or, in rare cases, desertion.
Is no sex in marriage grounds for divorce?
No sex in marriage is not explicitly listed as a ground for divorce in Georgia, but it can be a significant factor in the breakdown of the relationship.
What if my wife refuses sex?
If your spouse refuses sex and this leads to emotional distress or the breakdown of the marriage, it may support your case for divorce, particularly under the irretrievably broken ground.
Can withholding sex affect alimony or custody?
Yes. Emotional deprivation and the circumstances surrounding a sexless marriage may be considered by the court when determining alimony and, in some cases, custody arrangements.
Additional Resources
- American Psychological Association: Marriage and Divorce
- Georgia Legal Aid: Divorce Overview
- CDC: National Marriage and Divorce Rate Trends
- FindLaw: Georgia Divorce Laws
Conclusion
Sexless marriage divorce is a complex and sensitive issue, but you do not have to navigate it alone. At Hobson & Hobson, P.C., we combine professional expertise, innovative technology, and a client-centric approach to help you make the best legal decisions during challenging times. Whether you are seeking an amicable resolution or require assertive litigation, our team is here to support you every step of the way.
For a confidential consultation, contact us at Hobson & Hobson, P.C.. Let us help you move forward with clarity, confidence, and peace of mind.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.