Abandonment, in the context of New York divorce law, refers to the act of a spouse voluntarily leaving the marital residence without the intent to return, without justification, and without the consent of the other spouse, for a period of one year or more. Establishing grounds based on abandonment is a recognized pathway to dissolving a marriage within the state. The process involves specific legal procedures to demonstrate that the criteria for abandonment have been met. For instance, if one spouse moves out of the marital home and communicates a clear intention to never return, and this situation persists for over a year, it may constitute grounds.
Pursuing a dissolution based on abandonment offers a means to legally end a marriage when one party has effectively relinquished their marital responsibilities and presence. This can provide the remaining spouse with a sense of closure and the ability to move forward legally and emotionally. Historically, abandonment has been recognized as a valid reason for ending a marriage, reflecting societal recognition of the fundamental obligations inherent in the marital contract. It provides a legal remedy when those obligations are unilaterally and persistently disregarded. The benefit of establishing such grounds allows for the divorce process to move forward even if the abandoning spouse is uncooperative or unwilling to participate.
