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can i divorce my wife for not sleeping with me

Can I Divorce My Wife for Not Sleeping with Me?

Do you think marriage is only a sacred bond to promise love and companionship? Then we will enlighten you with something more. The absence of physical intimacy can strain relationships. 

Sometimes, the wives do not feel sexually connected to their husbands for several reasons.

Divorce is the only solution in these circumstances. However, sometimes the community takes the side of your wife when you want to divorce for not getting physical intimacy.

To save you from this, we will answer the question, “Can I divorce my wife for not sleeping with me?” in this article.

So, let’s dive in and learn whether you can divorce your wife for not sleeping with you.

Why Is My Wife Not Sleeping with Me?

Marriage is a relationship built on love, trust, and companionship. But, the lack of physical intimacy is a contentious issue that can significantly impact a marriage.

As a result, it encompasses sexual relations between partners for the following reasons.

What Are The Reasons for Divorce?

  • Loss of Interest: Your wife can avoid sex by losing interest in you because of stress, fatigue, or boredom. In these circumstances, you must find ways to regain her passion for sex.
  • Lose of Fitness: She can feel insecure about her chubby body. She could gain weight recently or have a baby, but now she thinks she is not attractive enough to fill your desires.
  • Frustration: She may be dealing with anxiety, which can lead to a loss of sexual interest. If mental support cannot solve the situation, divorce is the only way.
  • Affair: She might have an extramarital affair with someone else who seems okay for her physical and mental support.

What Percentage of Sexless Marriages End in Divorce?

Many experts suggest that any couple dissatisfied with their sexual relationship could be classified as a sexless marriage.

Since there is no consensus to determine the exact percentage of this sexless marriage, we can only estimate that approximately 15-20% of marriages are categorized as sexless.

Up to 50% of marriages during a relationship may experience periods of sexlessness. While not every sexless marriage is destined for divorce, the likelihood of it occurring is considerable.

Can I Divorce My Wife for Not Sleeping with Me?

In Canada, the federal law under the Divorce Act governs the grounds for divorce. One of the grounds for divorce is a breakdown of the marriage, which can be proven in three ways:

1. Living Separated

This method involves spouses living separately and independently for at least one year. This separation intends to demonstrate that the marriage has irretrievably broken down, and reconciliation is impossible.

2. Adultery

If one of the spouses engages in an extramarital affair, it can be considered grounds for divorce. Adultery refers to voluntary sexual relations between a married person and someone other than their spouse.

3. Physical or Mental Cruelty

The Divorce Act recognizes that physical or mental cruelty can lead to a marriage breakdown. This cruelty can manifest in various forms:

  • Physical abuse
  • Emotional abuse
  • Psychological torment

Under the Divorce Act, the lack of sexual intimacy may not be sufficient grounds for divorce. If any husband feels the absence of intimacy, it might be considered evidence of a marriage breakdown.

So, what do you think? You see, divorce laws can be complex and vary based on individual circumstances.

If you are considering divorce, it is essential to seek advice from a family lawyer who can provide tailored guidance based on your case.

What Are the Alternatives to Divorce?

Divorce has a significant impact on children and their families. So several alternatives to divorce allow spouses to explore ways to improve their relationship or to dissolve the marriage altogether. 

These alternatives address the issues and provide communication, growth, and reconciliation opportunities. 

Here are some of the critical options and alternatives to divorce:

  1. Separation Agreements: A separation agreement is a legally binding contract that outlines the terms and conditions. Through this, the spouses can decide on child custody, visitation, spousal support, and the division of assets and property.
  2. Trial Separation: A trial separation involves living apart for a designated period without formalizing the terms in a legal document. Couples use this time to evaluate their compatibility and gain clarity about the future of their marriage. 
  3. Temporary Separation: A temporary separation option allows spouses to live apart while preserving their legal marriage status. During the break, couples can attend counselling to grow the future of their partnership.
  4. Mediation and Collaborative Divorce: Mediation and collaborative divorce are alternatives to encourage communication and cooperation between spouses. A third-party mediator assists the couple in reaching mutually acceptable solutions for various aspects of the divorce.

What Is the Legal Consideration for Divorce in Canada?

Divorce Process in Canada

According to The Divorce Act, a divorce can be granted if a couple has been living separately for at least one year or if there has been adultery or cruelty in the marriage.

The separation period demonstrates that the marriage provides sufficient time for reconciliation efforts. 

Grounds for Divorce about Lack of Intimacy

More than physical intimacy is needed in Canada to meet the legal divorce criteria. However, it is crucial to understand that lack of intimacy in the marriage may not be the sole basis for divorce even after considering it. 

Relevant Case Studies

Canadian courts have addressed various divorce cases that involve issues related to lack of intimacy.

But it is important to remember that every divorce is unique, and court decisions may be influenced by various factors specific to each case. 

Child Custody and Support

Canadian laws prioritize the child’s best interests when determining custody and access arrangements. The law encourages parents to create parenting plans that outline responsibilities to their children.

Division of Assets and Property

The division of assets and property is another significant consideration in a divorce.

Canada follows the principle of “equalization of net family property,” which aims to ensure a fair distribution of assets.

Each spouse is entitled to half of the increase in net worth acquired during the marriage, excluding gifts and bonuses.

Final Words

While many people ask, “Can I divorce my wife for not sleeping with me?” online, many ask expert lawyers for the most effective solution.

Understanding the legal aspects is crucial here. Anyway, while divorce may provide a fresh start, it is essential to approach the process with empathy and understanding.


What Can I Do if My Wife Is Not Sleeping with Me?

You can rely on several options to fix the situation where your wife is not interested in sleeping with you.

  • Respect the boundary and try to give her some space.
  • Ask about the problem and take the proper steps.
  • Become more romantic and fit to get intimate with her in different styles.
  • Ask her about any potential extramarital affair.
  • Speak to a professional therapist to get counselling for both.

What Should a Husband Do in a Sexless Marriage?

The husband can develop his sex drive issues by consulting in private groups. Moreover, he can try to impress his wife in a different manner of intimacy. Often wives do not find the husband caring or attractive and have slept separately.

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