If you have been abandoned by your spouse you may feel any range of emotions from despair and sadness to anger to indifference. Regardless, abandonment is a valid reason to file for a fault-based divorce in New York. It is essential that you understand what is considered abandonment and how you can prove the claim during your divorce proceedings. Work with a Nassau County divorce lawyer for legal advice and representation during your case.
What is a Fault-Based Divorce?
In New York, individuals can file for either a no-fault or fault-based divorce. A no-fault divorce is filed with no grounds besides irreconcilable differences or the marriage being irretrievably broken.
However, a fault-based divorce may be necessary if one spouse’s behavior led to the demise of the relationship. For example, an individual may file for divorce on the grounds of:
- Adultery
- Cruel or inhuman treatment
- Imprisonment
- Separation
- Abandonment
What is Considered Abandonment in Divorce Proceedings in NY?
It is important that you understand the different types of abandonment and how they are defined as they may be used as grounds for a fault-based divorce. There are generally four types of abandonment recognized under New York state law. Consider the following.
- Physical abandonment: Physical abandonment occurs when one spouse physically leaves the marriage and/or home with no intention of returning.
- Economic abandonment: Economic abandonment refers to a spouse purposefully halting financial support to the other spouse for household expenses, care for children, personal costs, etc. This may include restricting access to credit cards and bank accounts or refusing to contribute to expenses that they previously funded.
- Constructive abandonment: Constructive abandonment is also referred to as emotional abandonment and occurs when one spouse is forced to leave the marriage due to the other’s refusal to participate in basic marital duties like being emotionally or sexually involved with their partner.
- Criminal abandonment: Criminal abandonment may apply to a situation where one spouse leaves the home and refuses to provide financial support or care for their spouse or children who rely on them.
All of the above can be considered abandonment during divorce proceedings in New York. When filing for a fault-based divorce, however, remember that you must present evidence proving the grounds under which you have filed.
How Can I Prove Abandonment in My Divorce?
If you filed for divorce on the grounds of abandonment you will be required to provide evidence demonstrating that your spouse did in fact abandon you and your family and that is what led to your decision to file for divorce.
In general, you must prove that your spouse left, that they have shown a clear intent to not come back, that the abandonment lasted for at least one year, and that the abandonment was without cause or your consent.
For more information and skilled representation during your divorce case, reach out to an experienced attorney at Peter V. Mandi & Associates, Inc. today to schedule your free consultation.
