Legal Question in Family Law in New York
Abandonment Requirements for Divorce
What is the criteria for a spouse to file for abandonment in the state of ny? If you are in constant contact, via phone and mail, know of the spouse's whereabouts and phone number, and have stayed overnight together in the past six months, can you be sued for abandonment in the state of ny?
2 Answers from Attorneys
Re: Abandonment Requirements for Divorce
This is an unusual area of the law; cause for divorce. Many states have something called 'no fault' divorce. In those states, no cause or reason for the divorce is required. In NY, a cause is required.
What is unusual is that the cause is often 'pro forma'. That means the box on the form must be filled out, but it need not conform to the truth. If you want to be divorced, you can get divorced in NY without any legal reason or cause.
Abandonment is a typical reason cited in a petition for divorce. And, as long as there is a separate residence or lack of current intimacy, the court will not question the facts alleged even if they are insufficient.
Good luck. I am available for a consultation for no fee.
Re: Abandonment Requirements for Divorce
You can be sued, but you won't be able to make out a claim.
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