Cohen & Lombardo, P.C.
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Suburban Office | 4140 Sheridan Drive Amherst, NY 14221

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How is abandonment defined in New York family law and divorce?

With family law and divorce in New York, there are certain requirements that a person must meet when they are ending their marriage. Understanding this is critical to a successful resolution to a case. While couples who want to divorce can simply say there is an irretrievable breakdown in the relationship - also referred to as "no-fault" - it is not an automatic guarantee that the divorce will be granted. For many, it is wise to be more specific with the reason(s) they are parting ways.

One issue that might come up is abandonment. Knowing when there was abandonment in a marriage is integral to citing it as a reason for the divorce. If the plaintiff in the divorce case asserts that the defendant abandoned him or her for at least one year before the filing, it is justification to claim abandonment. Abandonment can fall into the category of the defendant simply leaving the marital home without intending to return for at least one year before the action commences. This will be done without a viable reason and without the plaintiff giving consent.

Constructive abandonment is also a justification to claim that the plaintiff was abandoned. If the spouse refuses to take part in sexual relations for at least one year and does so consecutively before the action commences and this continues despite repeated requests for that behavior to change, it is also abandonment. A "lock out" is another form of abandonment. If a spouse refuses to let the other spouse back into the marital home for at least one year and does so without interruption for that time-period, this falls into the category of abandonment.

For divorcing couples, it is important to know the legal justifications for which the petition can be granted. Abandonment is one. Knowing the different ways in which there can be abandonment gives the plaintiff several reasons to use it to explain why a divorce is necessary. A law firm that understands these factors and more in family law and divorce can be of assistance in a case.

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Cohen & Lombardo, P.C.

4140 Sheridan Drive
Amherst, NY 14221

Phone: 716-262-8428
Fax: 716-881-2755

343 Elmwood Avenue
Buffalo, NY 14222

Phone: 716-262-8428
Fax: 716-881-2755
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