Full question:
I am a resident of Hornell. After my marriage I along with my wife resided here for a continuous period of 20 years. My wife has deserted me 5 years ago. Can I move for divorce claiming desertion as a ground in New York?
- Category: Divorce
- Subcategory: Grounds
- Date:
- State: New York
Answer:
In New York, one party may initiate a special proceeding to dissolve marriage under the ground of absence when he or she has resided in the state of New York for more than one year immediately before the commencement of the special proceeding or when the parties matrimonial house at the time of absence was within this state. This is provided under NY CLS Dom Rel § 220, which reads:A special proceeding to dissolve a marriage on the ground of absence may be maintained in either of the following cases:
1. Where the petitioner is a resident of this state and has been a resident thereof for one year immediately preceding the commencement of the special proceeding.
2. Where the matrimonial domicile at the time of the disappearance of the absent spouse was within the state.
1. Where the petitioner is a resident of this state and has been a resident thereof for one year immediately preceding the commencement of the special proceeding.
2. Where the matrimonial domicile at the time of the disappearance of the absent spouse was within the state.
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.
