Is lack of sex grounds for divorce?

Posted by Thomas MallonJan 13, 20160 Comments

Is lack of sex grounds for divorce?

Termination or the separation of marriage is a hurtful process for both parties involved. Grounds for divorce will be very helpful if it is understood.

If you and your spouse are thinking of terminating your marriage, you might not succeed without proving grounds for divorce in Maryland. Basically, grounds for a divorce in Maryland prove to the courts that you have good reason of terminating the marriage. Actually, it is better to get it before you try to file for a divorce.

However think twice because the grounds for divorce in the Maryland have a unique set of concerns. For example, you simply came up with claim and you could not prove your grounds for divorce, Maryland law court can in fact rule against you, which might cause you to bring upon yourself punishment such as your spouse's lawyer fees and others.

The two types of divorce in Maryland are:

  • Absolute divorce
  • Limited divorce

Absolute divorce

It is everlasting, ends property claims. An absolute divorce in Maryland successfully ends your marriage. This means you can remarry, which is the ultimate test for divorce.

If any of the following occurred, then you can prove grounds for an absolute divorce in Maryland

  • Desertion
  • Adultery
  • Cruelty and unkind behavior
  • One year separation
  • Criminal conviction (felony or misdemeanor)
  • Insanity (mental illness)
  • (New as of 10/1/2015) If you have a written agreement and do not have children

Limited Divorce in Maryland

It is not permanent, does not authorize remarriage, and does not end property claims unlike absolute divorce.  Limited divorce in Maryland is not that tough in terms of what grounds you must have in order to file. A limited divorce permits the state to lawfully identify that you and your spouse live separately, but you are still considered lawfully wedded.

You might file for a limited divorce on the grounds listed below

  • Desertion
  • Cruelty
  • Mutual, voluntary separation
  • Extremely unkind conducts toward a spouse or a minor child

Lack of sex grounds for divorce can be determined by desertion and desertion can be constructive and actual.

  • Constructive desertion

This is when the other spouse makes the complaining spouse to depart by wicked behavior or by ending the husband/wife relationship and making it not viable for the complaining spouse to carry on with the marriage and protect his/her health, and self-esteem and the spouses have not had sexual interaction with each other since that time.

  • Actual desertion

This when your spouse packs out of the house and relocate to another house, and remain there, he or she is at fault of actual desertion. The spouse willingly left and has no thought of coming back except maybe to collect the stuff that he or she forgot.

If your spouse spent some months outside after leaving you, and all of a sudden decides that you are the one after all. In good trust, your spouse appears in your house and pleads for mercy. In Maryland, if you agree, there is no problem. But if you disagree and even reject to see or listen to your spouse, then, weird but true, your spouse might charge you for desertion.