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Although some states have a “no fault” divorce law, in New York, US, the state law requires those seeking a divorce to prove some sort of reasonable grounds in order for a judge to grant it. One such “reasonable grounds” is sexual abandonment or refusing to have sex.

Recently a Westchester, NY, wife filed to divorce her husband for exactly that reason. She claimed her husband had refused sex with her and ignored her sexual flirtations for over one year, (an appropriate period of time regarding the state’s laws).

However, in this case, the husband did not want a divorce granted, apparently for some monetary reasons, so it was up to him and his divorce lawyer to prove that his wife’s grounds were false.

And the proof was in Viagra, the little blue pill: the husband elicited as evidence of his and his wife lovemaking his physician’s testimony, (Charles N. Glassman, MD), that he had taken Viagra and, purportedly, that it had worked. The husband also offered up as proof his 10-pill prescription for the erectile-dysfunction medication, which had only eight pills remaining.

The Judge’s 21-page decision included this statement:

“In particular, [the defendant’s doctor’s] testimony concerning defendant’s statement to him … that he is ‘perfectly responsive to’ the 100 mg. Viagra dosage, supports defendant’s claim that the parties had continued to engage in sexual relations,” Giacomo concluded. “That statement, made six months prior to this litigation, does not appear to have been motivated by a desire to defeat an abandonment cause of action, and is itself bolstered by … plaintiff’s concession that defendant would have no purpose for taking the pills except to have sexual relations with her.”

Based on mostly on that statement, the judge dismissed the case as being without grounds.

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