Full question:
My son moved out of his home in mid December. he is still paying all of the bills and sees his daughter 3 times a week. Can his wife charge him with abandonment?
- Category: Divorce
- Date:
- State: New York
Answer:
In New York, a spouse can claim abandonment as grounds for divorce only if the other spouse has left for at least one year without plans to return. This means that simply moving out does not constitute abandonment if the spouse continues to pay bills and maintain contact with their children.
New York Domestic Relations Law § 170 allows for divorce based on abandonment, but it must be ongoing for at least one year before filing. Additionally, failure to support a spouse or children is a separate issue from abandonment.
There is also a concept known as constructive abandonment, which occurs when one spouse refuses to engage in sexual relations for at least one year. To prove constructive abandonment, the spouse seeking divorce must show they made repeated requests for relations that were refused, and that the refusal was intentional and without justification.
For more details, refer to New York Domestic Relations Law § 170.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.