23 Pa.C.S.A. § 3305. Grounds for annulment of voidable marriages
(a) General rule.--The marriage of a person shall be deemed voidable and subject to annulment in the following cases:
(4) Where either party to the marriage was at the time of the marriage and still is naturally and incurably impotent unless the condition was known to the other party prior to the marriage.
You may have a difficult time proving that he was naturally and incurably impotent if you admit that he was not impotent prior to the marriage. You would most likely need him to have a medical evaluation determining that he is naturally and incurably impotent. Otherwise, you will need to file for divorce rather than an annulment.
The above answer is intended solely for general informational purposes and does not create an attorney client relationship. You should consult with an experienced attorney regarding all of the details of your particular situation before taking action.
I've learned something new today! Under PA's statute for annulment, at least on first blush reading, it would be possible to get an annulment if the party is presently and incurably impotent unless it was known prior to the time of marriage by the other side. Since he has taken Viagra, it may help with ED but would not help with potency so I'm not sure if he is not able to sustain sexual intercourse or if he is impotent (two separate distinctions here.)
What you should do is speak with an attorney in your area and see whether there is more to the applicable statute that would give you grounds for an annulment or if you would have to file for a divorce. They would know more than I reading a statute for the first time this morning (I also practice in Oregon, not PA, so I can't tell you for sure how the statute would apply in your case.) Best of luck to you!
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Grounds for annulment are covered by 23 Pa. Cons. Stat. § 3305.
Section (4) states that annulment is permitted, "Where either party to the marriage was at the time of the marriage and still is naturally and incurably impotent unless the condition was known to the other party prior to the marriage."
While this may seem like a good ground, the court is going to want to hear testimony proving by a preponderance of the evidence, how he is naturally and incurably impotent. The fact that he has Viagra suggests that his condition isn't incurable, but you would have to have professional testimony from doctors and such, which could be expensive for you, to say nothing of attorney's fees. Additionally, he could introduce evidence of your knowledge of his taking Viagra and when you found out to claim you knew of the problem before the marriage and still married him.
Ultimately, this could be a very embarrassing case for both of you, and I suggest that you speak with an attorney to consider your other options first, and whether you absolutely need and annulment or some other option.
Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship. This answer is meant for informational purposes only and should not be construed as legal advice within the bounds of a professional relationship. It is always best to seek counsel with a competent attorney experienced in your area of issue and fully informed about the facts of your case.
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