Question #15: I have been married now for about 3 years and I have had a problem with my husband in that we have not been able to have sex in the past years. I understand that this is a case for annulment, since he is not capable of getting an erection, however, I am not 100% sure if it is grounds for annulment. Untill now I felt bad for not wanting to stay married to him but I have reached my limits in understanding since he is not even trying to improve the situation…what do I do and how do I go about this situation?

The inability to have an erection is not, in and of itself , grounds for an annulment. In order to get an annulment, you’ll have to prove some form of fraud, and prove that you discussed having children with your spouse before the marriage and he assured you that he was capable of having children and had no sexual dysfunction. This, of course, is not an easy task to prove.

As a more viable alternative, I strongly suggest that you discuss your unhappiness and desire for divorce with your spouse, letting him know how serious you are about the situation and that if he does not seek medical and/or psychological help, you are going to divorce him. If you have already made such an attempt and feel it is a useless, I strongly suggest that you contact me at 212-370-1660 to discuss mediating a divorce between both of you.

Leonard M. Weiner, Esq./Divorce Solutions