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22 Aug 16

What If He Decided Not to Have Kids After We Married?

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It is not uncommon for married couples to not have children. However, this may not be what some individuals thought was the plan when they got married. If you got married only to find out afterward that your husband didn’t want to have kids, there are a couple of different ways to get out of the marriage.

Annulment or Divorce?

When you find out after you get married that your husband has no intention of having children, you may be able to get an annulment. However, this is generally only possible if he won’t have sex or otherwise be intimate with you. An annulment means that the marriage never took place, which also means that there is no joint property to divide or spousal support for either side to provide. If your spouse will be intimate with you, it is likely that you will have to file for divorce because of irreconcilable differences.

What If He Finds Out He Is Sterile?

You may find yourself in a situation where your husband is sterile or otherwise cannot have children. If he knew that he was sterile and didn’t tell you, it may be grounds for an annulment. However, if he found out that he was sterile after the wedding, you may need to file for a divorce as he was not acting in a misleading manner.

Your Husband Isn’t Obligated to Provide Children

A man is not obligated to help his wife conceive a child even if he is married to her. While one of the purposes of marriage may be to raise children in a stable household, that is more of a religious and societal belief as opposed to a legal one. Therefore, you most likely won’t be able to argue that you should get an annulment simply because he doesn’t want children even if he may have thought otherwise before the marriage.

Is There a Prenuptial Agreement?

The only reason your husband may be obligated to help start a family is if there is a prenuptial agreement with such a provision. Basically, a prenuptial agreement is a customized marriage contract that each side agrees to before the wedding. Even if such an agreement exists, it may be challenged in court, which could render it invalid. If that happens, you would once again have little or no legal basis or recourse other than a contested divorce to be settled in court.

It may be incredibly difficult to find out that your husband doesn’t want to have kids after getting married. However, your options are limited based on state law and other legal precedents. This means that your best options may be to try and work things out with your spouse or talk to an attorney who may be able to help you legally end your marriage.

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