Legal Question in Family Law in New York

Divorce - Filed in New York

Can my spouse claim abandonment as a grounds of divorce in New York based on the following:

1. My spouse and I were married on 07/26/2002. I moved out of the marital resident in 06/2004 and relocated to another state. I left after my spouse said he was unhappy in the marriage 70% of the time and he went on a 7-day cruise without me.

2. I visited my spouse at the marital residence at least 2 times before he sold it in late 2005.

3. After moving out of the marital residence, my spouse and I continued to carry on as a married couple. From 06/2004 to 09/2008 He visited me at least 3 - 4 times a year at my new residence, we went on vacations each year for our anniversary and we continued to have sexual relations.

4. My spouse has never given me keys to the New York residence he moved into after he sold the marital residence in late 2005.


Asked on 12/17/08, 10:27 am

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Divorce - Filed in New York

The fact that you left the marital residence, presumably without the consent of your spouse, could lead to an inference of abandonment. That there remains a sexual component, and perhaps other aspects of a marital relationship makes it more complicated, but it is not an impossibility that abandonment can be proven.

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Answered on 12/17/08, 10:34 am


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