ABA Family Legal Guide

Family Law

Marriage

Duties of Marriage

Are there legal remedies if a husband or wife refuses to have sexual relations with his or her spouse?

A court would not order a person to have sexual relations with his or her spouse. A spouse who forces sexual relations with a partner can be charged with rape under the state's criminal law. In some states, the refusal to have sexual relations with a spouse is a specific ground for divorce or annulment of the marriage. In other states, refusal to have sexual relations could be considered a ground for divorce because it is an "irreconcilable difference" or a "mental cruelty."