When Constructive Abandonment is Grounds for Divorce in New York
Until recently, New York litigants for divorce had to state a specific reason, or grounds, for divorce. One ground for divorce which rings true in many marriages on the rocks is "constructive abandonment," which means in essence a breakdown in physical, intimate marital relations. In a constructive abandonment argument, it is said that one party has refused to have sexual relations for a period of time. This marital abstinence should be "unjustified, willful and continuous despite the other spouse's repeated requests."
Constructive abandonment used to be a common ground for divorce, but thanks to changes in divorce law, New Yorkers can now file for a no-fault divorce.
Constructive abandonment may in fact be part of other more encompassing grounds for divorce such as cruel and inhuman treatment. Constructive abandonment — refusal by one spouse to have sex — is a common ground that many parties can agree to after a marriage relationship has broken down and divorce litigation can be commenced.
Constructive abandonment sometimes works well as a "default" argument for divorce when other grounds such as adultery prove too difficult to demonstrate through court-admissible evidence.
New York Constructive Abandonment Lawyer
Experienced family law attorneys at the Albany law offices of Colwell, Colwell & Petroccione, LLP represent both plaintiffs and defendants — that is, people initiating divorce and people responding to divorce petitions — in cases where constructive abandonment is the alleged grounds for divorce.
You don't risk anything by calling our law firm. All clients receive a free initial consultation. To schedule yours, call 866-377-0285 or just email our New York Constructive Abandonment Lawyer.
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