If my 7 year marriage has never been consummated, can I file a no-fault divorce based on that alone?

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If my 7 year marriage has never been consummated, can I file a no-fault divorce based on that alone?

I have been unhappily married for the entire time. We’ve never had sex and he still doesn’t want to have sex because he has HIV and no sex drive (his reasons). I knew when we got married that he had HIV but we had counseling and discussed everything, so a “no sex ever” situation was not a part of the agreement. Also, we are both bisexuals and I found out he was cheating on me with a male “friend” of his. This friend himself told me all the details. I don’t want to put all his business out there with this divorce, so I want the easiest way to file a no-fault divorce.

Asked on June 21, 2011 under Family Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for yoursituation,  The whole idea of a "no-fault" divorce is that there are no grounds stated and there are no labels put on one or the other of the parties - adulterer, etc. - and that the matter moves through the process without much name calling.  If the marriage has never been consummated you may in fact have grounds for a legal annulment under the law in New Jersey but you would have to check that.  I must tell you that obtaining a legal annulment can me much more difficult than a legal uncontested divorce.  Get legal help with all of this.  If your husband is in agreement then things should go smoothly.  Good luck to you. 


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