An action for divorce may be maintained where the Defendant abandons the Plaintiff for a period of one year or longer prior to starting the divorce action and continuing to the present.
Abandonment may take the form of your spouse physically departing your marital home without any intention of returning and your spouse has not retuned for a period of one year or longer prior to commencing the action, and continuing to the present, without any good reason for doing so and without your consent.
Another form of abandonment is called "constructive abandonment," which involves one spouse’s refusal to engage in sexual relations with the other spouse continuously for one year or longer prior to commencing the action, and continuing to the present, without consent, good cause or justification.
Another form of abandonment is called a "lock out," which involves one spouse’s refusal to allow the other spouse into the home continuously for more than one year prior to commencing the action and continuing to the present.
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Other Grounds For Divorce In New York
• ADULTERY
Abandonment
