Legal Question in Family Law in New York

Re: Abandonment?

Actually, there is no such thing as abandonment in the divorce statute. Also, a parties' actions during the marriage have no bearing at all on the issues in a divorce, such as alimony, child support and equitable distribution. Depending upon the actions, they may have a bearing on child custody and visitation. I strongly urge you to have a consultation with a Family Law Attorney so that you fully understand your rights. If you would like to further discuss this matter, please feel free to contact my secretary, Debbie, at 856-795-6700 to schedule a consultation.

Re: Abandonment?

This is a terrible situation. This man is behaving horribly. I feel that you are holding up well, but how is your child doing? This must be very difficult for him.

The clear answer to your question is : NO. This is not 'abandonment'. Your absence is not voluntary or due to prison. While he may not have grounds in NY to sue for divorce, YOU DO. This is an awful situation and I recommend you act quickly to get things moving to enable both you and your son to move beyond this situation. You are welcome to a consultation with me for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first - (646) 591-5786

Re: Abandonment?

Actual abandonment consists of the "unjustified leaving of the marital home by one of the parties."

If one of the parties leaves the marital home "with the consent of the other party," there is no abandonment.

Similarly, proving abandonment requires that your husband show that you "intentionally failed to fulfill a basic marital obligation" or "left without his consent, of your own accord - that is, that he did not force or lock you out of the house. Based on your statement of the facts, he clearly did lock you out of your home, thus militating strongly against his claim that you abandoned him.

He must also establish that you had no good reason for leaving, that you left with the intention of never returning, and did not offer in good faith to return.

Either way, the abandonment must exist for a continuous period of at least one year before the action is started.

In summary, based on what you have described, it appears that your husband has a relatively weak case for divorce based on the ground of abandonment.

In fact, you may have grounds for obtaining a divorce judgment in your favor based on the ground of adultery, but this is not a simple matter. Please contact the office at (212) 618-1830 to discuss the options available to you regarding this issue.

Re: Abandonment?

Abandonent must be for more than one year. Why did you accept being locked out?

Why do you not want a divorce from this man?

Suggest you and your attorney re-examine your goals.

You may also wish to obtain a second opinion.