I’ve no interest in “marital relations”, really since birthing our first daughter. Realized I had PPD and got medication, but he made me stop taking it. A lot of things changed in our lives and relationship went south, to the point where I actually hate him. I’m finally getting the courage to end this, but for a number of reasons I have to keep acting as though we’re married until I have my legal ducks in a row. I share a bed, but don’t have relations with him. Do I need to start doing this again, so he can’t have grounds to charge me with aa? I think I can do it without vomiting…
Alienation of Affections is a lawsuit brought against a third party for their interference in the marital relationship of two spouses. Your own husband cannot sue you for AA.
However, one party can claim that lack of sexual relations was a cause of the divorce. Lack of intimacy is a grounds for divorce, but usually just in the case of divorce from bed and board, a fault related action to get one spouse out of the house. Please be aware of this as your husband could use this against you to get you out. NC is a “no fault” divorce state…makes no difference what one spouse does in order to get a divorce…only in the early stages to determine who has to get out of the house! Like Athos said, A of A is against a third party…not YOU! You can pretty much alienate all you want since you are the wife.
I do not believe that lack of sex would qualify as reasons for Divorce from Bed and Board. There are MANY legitimate reasons why couples do not have sex.
50-7. Grounds for divorce from bed and board§ 50-7. Grounds for divorce from bed and boardThe court may grant divorces from bed and board on application of the party injured, made as by law provided, in the following cases if either party:
(1) Abandons his or her family.
(2) Maliciously turns the other out of doors.
(3) By cruel or barbarous treatment endangers the life of the other. In addition, the court may grant the victim of such treatment the remedies available under G.S. 50B-1, et seq.
(4) Offers such indignities to the person of the other as to render his or her condition intolerable and life burdensome.
(5) Becomes an excessive user of alcohol or drugs so as to render the condition of the other spouse intolerable and the life of that spouse burdensome.
(6) Commits adultery.
You don’t need grounds for divorce other than you don’t want to be married anymore. MOST couples on the tail end of a failed marriage do not have sex.
Not all marriages are happy ones. Unfortunately, some end badly. Some folks have amicable experiences and some have horrible experiences. Your husband can’t use lack of sex against you negatively (been there…done that).
Excuse me…lack of sexual relations or unusual requests regarding sexual relations fall under the category of constructive abandonment. It is so grounds (fault) that can be used. It is seldom used, but can be used as grounds for action to get a spouse out of the house! Ask YOUR lawyer!!!
Why wouldn’t you have sex. You really don’t have to do anything, just let him do all the work. I really didn’t care about sex much either but he would talk to me more and we got along better when we did.
So when he made unusual requests I could get a divorce and he would be at fault? What is considered unusual, I dont want to be grafic but how do I find out. I know it was unusual but what does a judge say?