Legal Question in Family Law in New York

Re: Proving Abandonment

Abandonment means that one party, without the permission of the other, has abandoned the home and in order to use it as grounds for divorce, it must be for one year or more.

Constructive abandonment means that even though the person may physically be in the home, that person has constructively abandonded the other by not acting consistently as husband and wife - for example - not having sexual relations.

Proof varies from case to case - but often this grounds is used by consent of both parties, since it is a rather mild accusation - and therefore proof is not required.