Legal Question in Family Law in New York
Constructive abandoment
If my husband and I have separated back in the fall of 2007, can we obtain our divorce after a year (fall 2008) on the ground of constructive abandoment?
3 Answers from Attorneys
Re: Constructive abandoment
Probably. There are circumstances under which you might not have to wait.
Re: Constructive abandoment
You will not get a divorce based on constructive abandonment if you state the reason is that you voluntarily separated for 1 year.
Abandonment (constructive or otherwise)has to be against the will or without consent of one of the parties.
If you are going to wait 1 year, you should enter into a separation agreement. After 1 year you can then commence an uncontested divorce without needing fault.
Re: Constructive abandoment
Most likely yes. You might even be able to do it sooner under certain circumstances.
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