Legal Question in Family Law in New York
Proof
Is there physical proof needed to file for divorce on grounds of ''constructive abandonment?''
If me & spouse signed agreements on our own, claiming we have nothing together, how long we have been living apart & that we both agree to the dissolvion of marriage, but were never filed with the court, when i go to file summons with the court should i enter those also? are the needed or helpful if the ground filed for is ''constructive abandonment?''
2 Answers from Attorneys
Re: Proof
There is no "proof" required. However, you and your spouse are signing legal documents, and if you are caught falsifying anything, there are legal consequences. If the plaintiff alleges abandonment and the defendant agrees by signing the required affidavit, the court will accept it. If I understand you correctly, it sounds as if the "agreements" you signed are of no significance.
Re: Proof
Steve is again wrong. Proof is needed in an affidavit. The affidavit sets forth the grounds for constructive abandonment (1 year, no sex and no medical - or other reason - for not having sex).
I agree with Steve that you should not falsify and affidavit.
Finally, I think you are confusing grounds for divorce with property distribution. Both are separate, and are covered by separate documents.
If you don't want to retain an attorney, you may attempt to do it yourself. Look at the forms in the Court's website. http://www.courts.state.ny.us/ip/matrimonial-matters/forms.shtml.
Good luck.
Mike.
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