Page Title
Page Title


                                                                                        ABANDONMENT

An action for divorce may be maintained where the Defendant abandons the Plaintiff for a period of one year or
longer prior to commencing the action and continuing to the present.

I.    Abandonment may take the form of your spouse "physically departing" your marital home without any intention
      of returning 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.

II.   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.

III.  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.


Note:   All information referenced above and/or duplicated within this page, is directly from the New York State Unified
            Court System booklet (and described in the New York Domestic Relations Law §170).


"Uncontested Divorce" page  click here | "Contact Us" page click here | "Make An Appointment" click here
Anderson Paralegal Services, Inc.
"Helping Individuals to    
     Help Themselves"

                                                                                                       © Copyright 2011.
                                                                                        Anderson Paralegal Services, Inc.
                                                                                                       All rights reserved.