What is New York state divorce abandonment?
In New York State, abandonment is one of the grounds for divorce. It is defined as the other spouse’s intentional, unjustified abandonment of the first spouse for at least a year.
The spouse who stayed in the marital residence must demonstrate abandonment by showing that the other partner left without a good reason and had no intention of returning. Among the evidence that can be used to illustrate abandonment are:
- The other spouse must be physically absent from the marital residence for at least a year.
- Refusal of the other spouse to interact with the spouse who dwelled in the marital residence.
- Failure of one spouse to support the other financially while they were still living together.
- The other spouse engages in behavior that isn’t appropriate for a marriage, such as living with someone else or having an affair.
If they provide evidence, the spouse who remained in the marital residence may be eligible for a divorce based on abandonment. It’s crucial to remember that in New York State, abandonment is not the sole justification for divorce. The spouse who chose to remain in the marital residence may be eligible to obtain a divorce for other reasons, such as the irretrievable dissolution of the marriage if they do not wish to establish abandonment.
Advantages of filing a New York State Divorce Abandonment:
- Faster divorce process: A divorce on the grounds of New York state divorce abandonment may be granted after a year of separation. This is less than the six-month waiting period for additional grounds for divorce, like irretrievable collapse.
- Less financial burden: Since there is no requirement to establish fault or marital wrongdoing, filing for divorce based on abandonment may be less expensive than filing for divorce under other grounds.
- Easier to prove: The only thing you need to demonstrate to establish abandonment is that your spouse left you and hasn’t spoken to you in at least a year.
- You may be awarded alimony: In a divorce case in New York, alimony may be granted to either spouse. However, your chances of receiving alimony may increase if you want to divorce based on abandonment. This is so that the court can consider that your spouse left you on your own.
- You may be awarded child support: If you have kids with your partner, you might get child support if divorced. Again, you could have a better chance of receiving child support if you seek a divorce based on abandonment. This is because the court will consider that your spouse abandoned your children and failed to provide for their needs.
- Protecting your assets: The court will distribute the couple’s assets equally in a divorce dispute. However, you could be entitled to keep more of your possessions if you petition for divorce based on abandonment. This is because the court will consider that your spouse abandoned you and with fewer assets than you would have possessed otherwise if the marriage had remained intact.
- Cost-effective: A divorce proceeding may take a long time and cost a lot of money, mainly if there are disputed issues like child custody or maintenance. However, you might be able to avoid a protracted and costly legal battle if you apply for divorce based on abandonment. If your husband knows you are eligible for a divorce based on abandonment, they may be more willing to accept a settlement.
- Able to move on with life sooner: Divorce may be challenging and unpleasant. However, you might be able to start your new life sooner if you petition for divorce on the basis of abandonment. This is because you won’t have to wait as long to acquire a divorce, and you could be able to avoid a protracted and costly court battle.
Disadvantages of filing a New York State Divorce Abandonment:
In New York State, there are several drawbacks to asserting abandonment as a divorce reason. These consist of:
- Difficult to prove: You must demonstrate that your spouse abandoned you and did not intend to return. This might be challenging, especially if your spouse hasn’t contacted you.
- Emotionally draining process: Divorce is never easy, but if you claim abandonment as the reason for your divorce, it may be especially emotionally taxing. This is so that you won’t feel like your spouse’s behaviors are being punished against you.
- Affects financial future: Your spouse might be obligated to pay you alimony if they leave you. However, you might not be eligible for maintenance if you cannot demonstrate abandonment.
- Mental stress: Divorce, particularly abandonment-based, may be incredibly stressful and emotionally demanding. If you find it challenging to deal with the emotional impacts of divorce, getting help from friends, family, or a professional is crucial.
- Impact on credit rating: Your credit score could be impacted if your partner leaves you without paying their portion of the bills. In the future, obtaining a loan or finding housing might be challenging.
How to File for New York State Divorce Abandonment:
You must establish that your spouse abandoned you and has no intention of returning to petition for divorce on the grounds of New York state divorce abandonment. This separation must have lasted at least a year.
- Gather your documents: You must collect the following paperwork to petition for divorce.
- Another copy of your marriage license
- If you serve your partner with divorce papers, you must provide proof of service.
- A separation contract, if you have one
- A filing fee
- Serve the divorce papers: After submitting your divorce petition, you must serve your partner with the documents. You have three options for helping your spouse: personally, via mail, or by publishing.
- File your divorce petition: The Supreme Court in the region where you live is where you can file your divorce petition. The following details must be included in the petition:
- Names of both you and your spouse
- The date that you got married
- The date of your divorce
- A description of the reasons behind your divorce
- Your requests for child support, child custody, and property partition
- Attend a hearing: You must appear after the other person has been served with the divorce papers. The judge will examine your petition at the hearing and decide whether there is sufficient proof to back up your allegation of abandonment.
- Divorce decree: If the judge grants your divorce, you will receive a divorce. Your marriage will be declared legally null and void, and the divorce conditions, including child custody, property distribution, and child support, will be spelled out in the divorce decree.
- Consult with an attorney: You should speak with a lawyer if you’re uncertain whether you have grounds for separation based on abandonment.
Getting a divorce based on abandonment can be challenging and expensive. However, it might be the right option to dissolve your marriage if you can show that your partner has abandoned you. It is crucial to consult with a knowledgeable divorce lawyer about your case if you’re thinking about divorcing your spouse based on abandonment. Schedule a consultation with our experienced divorce attorney at The Law Offices Of SRIS.P.C., who can navigate the complex divorce process and provide guidance to reach a favorable resolution.