Lack of sexual relations - grounds for annulment?

[pecan1980]

My jurisdiction is: New York, US

Hi,

My husband and I have been married for a year and half. We haven't been able to consummate our marriage or have sexual relations because I suffer from vaginismus, a condition that makes intercourse impossible. I have been trying therapy at home and with a therapist but there is no way to predict whether this will be cured.

We both agree that we should get divorced. My questions are:
1. Can we get an annulment since our marriage has not been consummated and I had vaginismus before we got married? We knew something was wrong but I did not get diagnosed until after marriage.
2. If an annulment is not possible, can he divorce me on grounds of abandonment? Or any other grounds?
3. If that doesn't work, then I assume our only option is a year-long separation followed by a divorce by mutual consent - is that correct?

Thank you for your help,
Pecan1980 (New York, NY)

 

[dee_dub]

Non consummation is often grounds for divorce, not annulment. However, an annulment may be granted if one partner is "incurably incapable" of having sexual intercourse. I suspect if you've been trying with a therapist for a year and a half, a court might see things your way.