When Abandonment is Grounds for Divorce in New York Divorce
Contact an Albany Family Law Attorney
New York is the only remaining state in the United States which requires grounds for divorce. There is no "no-fault divorce" in the state of New York.
Since New York does not offer the irreconcilable differences option for divorce, couples who wish to proceed with uncontested divorce will often agree to consent to one of the grounds without disputing it. When both spouses agree, we can move forward with an expedited complaint for divorce.
Our experienced and efficient divorce lawyers at Colwell, Colwell & Petroccione, LLP have helped many clients reach agreements on grounds for divorce such as abandonment or constructive abandonment. Sometimes a separation agreement is accomplished before the necessary year goes by preliminary to an abandonment argument in support of a New York divorce.
Explanation of Abandonment, Grounds for Divorce
Couples approaching divorce have often been in a state of estrangement or growing apart for some time. If one party left the marital home a year previous to commencement of the action without reason, provocation or consent, abandonment can be stated as the grounds for divorce. Grounds of abandonment may involve one spouse's move away accompanied by the other spouse's "unjustified refusal to relocate" together. The spouse who remained in the marital home could be said to be the one who abandoned the marriage by changing the locks when the other left.
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