Sex is an integral part of marriage. Passion, along with other factors, ignites relationships and fuels the fire throughout the marriage. But, if this element gets lost along the way, it can be a reason for a spouse to file for legal separation. Annulment might be well on its way when couples completely lose intimacy.
For example, a majority of Salt Lake City separation attorneys would tell you that getting an annulment in Utah is difficult. For one, you need to prove a legal ground, such as impotence, to begin the annulment process. Most of the time, people thought impotence applies only to husbands who can’t maintain an erection; thus, failing to engage in sexual intercourse. On the contrary, impotence may also refer to the inability of wives to have sexual relations with their husbands due to physical or psychological medical conditions. It isn’t impotence if a woman is infertile or she intentionally refuses to have any sexual contact.
Need for a Medical Proof
Unlike in divorce cases, impotence is only a valid ground for annulment if your spouse was already impotent before the marriage. The condition, by all means, should be permanent and incurable. You, however, have the responsibility of proving that your spouse’s impotence cannot be treated.
When you file for annulment on grounds of impotence, you should provide indubitable medical records as evidence of your claims. Your spouse can technically refuse to participate or submit to a medical examination, which would make your testimony insufficient to the court. Nonetheless, you can legally compel your spouse to undergo the process and submit to a physical test.
Still a Valid Reason
In case a medical exam proves that your spouse is not impotent, the annulment process may still proceed, given that he or she persistently refused to engage in sexual intercourse with you, which is equivalent to psychological incapacity.
Annulment is undoubtedly a difficult situation to get into. But, with the help of experienced family law attorneys, you can make better decisions if you believe you are entitled to one.
