Fault-Based Divorce: Impotence

Impotence of either spouse is considered as one of the traditional fault grounds for divorce, and it remains a ground for fault-based divorce in some states. Some of those states allow grounds for annulment also to be grounds for fault-based divorce, and that includes impotence. In those states, the marriage is voidable if the afflicted spouse is found to have been impotent at the time of marriage and to have remained impotent up to the time the petition is filed. Generally, the petitioning spouse must prove that the impotent spouse is incapable of having sexual intercourse in order to get a divorce on this ground. Some of the states that retain impotence as a ground for divorce require that the impotence be permanent and incurable. In the case of the impotent husband, the advent of drugs to treat erectile dysfunction may affect that standard.

Spouses as Witnesses in Divorce Proceedings

In general, either spouse can testify in a ''no fault'' divorce proceeding, in a fault-based divorce proceeding, in a property settlement hearing, or in proceedings relating to custody determinations. While such testimony can be highly relevant in a divorce proceeding, there are some rules (including the marital communications and anti-marital facts privileges) that come into play when considering the admissibility of such testimony.

Uniform Premarital Agreement Act

A premarital agreement, also known as a prenuptial or ante-nuptial agreement, is an agreement made between the parties in anticipation of their marriage. Such agreements can cover issues such as property division upon divorce, as well as child custody, child support, and alimony. Although premarital agreements have been increasingly embraced for their ability to resolve complex property and support issues without resort to trial, the lack of uniform language included in such agreements has been noted as potentially problematic.

Imprisonment as Grounds for Annulment of Marriage

Annulment is very different from divorce, even though some grounds for annulment are similar to divorce. Some grounds available in divorce are not available in annulment. In most states, if a spouse is convicted for a serious crime and imprisoned consecutively for three years, imprisonment can be a ground for a divorce. While imprisonment is generally not a ground for annulment of marriage, in some states, if the defendant conceals his or her criminal record such as conviction and imprisonment from another spouse, this is considered fraud and can be grounds for annulment. Further, in some states, inmates imprisoned for life may not marry.