When Constructive Abandonment is Grounds for Divorce in New York Divorce
Contact an Albany Divorce Lawyer
Divorce is not resolved in a "no fault" manner in New York, unlike the case in all other states. New York litigants for divorce must state a reason, or grounds for divorce. One grounds 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 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.
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.
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