Posted by DivorceLine in Grounds for Divorce: Impotence
In addition to no-fault grounds, most states still provide traditional or fault grounds for divorce. The fault grounds or reasons for divorce vary from state to state. Impotence is a specific fault ground for divorce in some states.
Impotence is a male’s inability to have sexual intercourse. Impotence can be grounds for annulment of a marriage if the condition existed when the couple got married, and grounds for divorce whenever it happens under the laws of many states. An annulment is a legal procedure for declaring a marriage null and void, as if the marriage never happened.
In most states, generally only matters that happen after marriage can be considered in a divorce action. Some states, however, allow divorce on grounds that could also be the basis for annulment, such as impotency if the spouse was impotent at the time of the marriage and the other spouse did not discover the impotency until after the marriage.
As with all fault grounds for divorce, impotency must be supported by evidence or testimony, or the case could be dismissed. The opposing spouse may try to disprove the claims of impotency.
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