Legal Question in Family Law in Massachusetts

Sexual Desertion in Marriage grounds for Divorce

I would like to know if sexual desertion (no sexual intercourse in the past 5 months) on my husband's part is sufficient legal grounds for divorce? If so what should I the wife do at this point? Thank you for any advice.


Asked on 6/16/02, 2:15 pm

1 Answer from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Sexual Desertion in Marriage grounds for Divorce

Chapter 208: Section 1. Divorce; general provisions.

Section 1. A divorce from the bond of matrimony may be adjudged for adultery, impotency, utter desertion continued for one

year next prior to the filing of the complaint, gross and confirmed habits of intoxication caused by voluntary and excessive

use of intoxicating liquor, opium, or other drugs, cruel and abusive treatment, or, if a spouse being of sufficient ability,

grossly or wantonly and cruelly refuses or neglects to provide suitable support and maintenance for the other spouse, or for

an irretrievable breakdown of the marriage as provided in sections one A and B; provided, however, that a divorce shall be

adjudged although both parties have cause, and no defense upon recrimination shall be entertained by the court.

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Answered on 6/16/02, 8:56 pm


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