what constitutes abandonment under NY divorce law?

Question

If one pary leaves marital home and takes up residence somewhere else w/o a legal agreement, is that considered abandonment? What are the consequences?

Answer 1

Abandonment means that your spouse has intentionally left you without your consent, and of his or her own accord (that is, you did not force or lock your spouse out of the house) and without justification.

You must also prove that your spouse had no good reason for leaving (such as your ill treatment or your consent), that your spouse left with the intention of never returning, and that your spouse did not offer in good faith to return. Unjustified refusal by a spouse to have sexual relations is also considered a “constructive abandonment and may also be considered cruel and inhuman treatment.

When a wife has established her own career, which would either be terminated or severely reduced as a result of being required to accompany her husband in the event he moves, her failure to move with her husband is no longer considered an abandonment. Abandonment must exist for a continuous period of at least one year before the action is started to be a basis for divorce in this state There is no statute of limitations on abandonment. However, a separation agreement eliminates the ground of abandonment, since both parties when they sign an agreement, consent to living apart.
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What are the grounds for a divorce in New York?
New York has six grounds for divorce. Four of the "grounds" are based on the "fault" of one of the spouses. These are cruel and inhuman treatment, abandonment for one or more years, imprisonment for three or more years, and adultery. The two other grounds enable you to obtain a "no-fault" divorce. The spouse seeking the divorce must substantially comply with the provisions of the separation judgment or separation agreement. These two other grounds are: one year of living apart under a separation judgment granted by a Court, or under a separation agreement signed by the parties.