What Rights Do.I.Have As A 16 Yr Old In Maryland Abandonment As a Ground For Obtaining Judgment of Separation Under New York Law

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Abandonment As a Ground For Obtaining Judgment of Separation Under New York Law

Pursuant to New York’s Domestic Relations Law (DRL) § 170(2), desertion constitutes one of the legal grounds upon which a New York resident seeks a judgment of separation from his or her spouse. New York courts have consistently held that for an act of abandonment to constitute sufficient grounds for a judgment of separation under New York law, the defendant-spouse’s departure must have been: (a) voluntary; (b) unwarranted; and (c) permanent.

A complaint for separation based on abandonment must allege that it was the Accused who left the marital residence. Plaintiffs who allege in their separation complaints that they (rather than their spouses) abandoned the marital home will not be successful in obtaining separation judgments based on abandonment. They may want to consider filing a separation complaint based on one of the alternative legal grounds for separation, such as cruel treatment.

DRL § 170(2) does not set forth any minimum duration of the abandonment for it to support a judgment of legal separation. In contrast, DRL § 170 (2), which presents desertion as a ground for divorce in New York, expressly requires that the alleged desertion last for a continuous period of at least one year. Despite the lack of DRL § 170(2) of any minimum time period, the fact is that New York courts consider the length of the abandonment as one of the main factors to determine whether or not the alleged behavior of the accused was sufficiently unjustified thus. as to warrant judgment of separation. If nothing else, the duration of the defendant-spouse’s absence is relevant to whether or not his or her actions were wrongful and were intended to be permanent. Therefore, New York separation complains the exact duration of the abandonment.

New York is still the only remaining state in the United States with no-fault divorce. Every year, the New York legislature considers legislation for no-fault divorce. Despite calls for change from the judiciary and New York divorce lawyers, the law remains unchanged. As is the case with the DRL’s divorce grounds, the DRL’s provisions for waiver require that a plaintiff allege “fault.” The fact that spouses no longer live together in the same residence is not sufficient for a legal judgment of separation. Therefore, a separation complaint must be completed carefully, and specific attention must be paid to the legal reasons.

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