How does a spouse prove abandonment to get a divorce in New York?
Brooklyn, NY – New York retains many legal reasons to end a marriage that are not used as frequently as no fault divorces. One traditional reason for fault based divorces was when a spouse left and essentially disappeared for an extended period of time to avoid their family. The legal term for when one of the spouses leaves and does not come back is abandonment. Before a court will grant a divorce for abandonment, there must be evidence presented that meets certain requirements.
Grounds for abandonment
The primary way abandonment is shown in New York is to prove that one spouse left the marital home and did not return for at least one year. If the couple did not have any kind of sexual contact for at least one year this can also be considered abandonment. Depending on the facts, there are also other situations where the couple did not live together or was separated that may be considered abandonment as well.
There are also exceptions to these rules. A spouse who has been deployed with the military for over one year cannot be considered to have abandoned their marriage. If there was no intent to get away from the marriage such as extended travel for work or business purposes, this will not be considered abandonment either.
The alternative of no fault divorce
If the couple cannot meet these standards for a divorce by abandonment, a no fault divorce is still available to them. This means that a couple can simply say that they have differences which cannot be resolved and they desire to separate. After the couple shows they meet residency requirements in the state and certain procedures are completed, the judge will issue a final order ending the marriage without fault based grounds.
Each situation should be examined by the person getting a divorce with an attorney before deciding on a definite course of action, as the specific facts surrounding the couple determine which course of action is appropriate.
Reasons to end a marriage through abandonment
As a strategic matter, the spouse who remained with their family obligations and children will receive much more favorable treatment from the courts. If the spouse who left cannot be found at all, the other party may receive a default judgment regarding property division and many other important issues, which can end the case quickly.
Learning more about divorces and similar problems
Elliot Green is a family attorney who helps people in Brooklyn with their divorces, child custody issues, alimony and child support payments, as well as related issues. Advice from his firm is beneficial to anyone who requires assistance in family court.
Firm contact info:
32 Court Street, Suite 404, Brooklyn, NY, 11201
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