Can I get a divorce based on my husbands impotency ?

Impotency is not a grounds for divorce in North Carolinas since North Carolina is a "No Fault Divorce" state.  In order to get divorced in North Carolina, you must be physically separated from your spouse, meaning that one of you must move out of the marital home with the intent to remain permanently separate and apart, for one full year.  The divorce complaint may be filed at the earliest no sooner than the first day after the full year runs. Impotency may be a grounds for annulment if either party was physically impotent at the time of the marriage, and that impotence is medically diagnosed by a doctor.  You should talk to an experienced family law attorney in your area to discuss the matter more thoroughly to determine if you have enough evidence to proceed with an annulment.  You can click on the "Find a Lawyer " link above to locate one in your area.