Understanding Divorce Based on Abandonment in New York State

Divorce based on abandonment is one of the grounds for marital dissolution in New York State. Understanding its legal implications, requirements, and proceedings is crucial for individuals considering this course of action to end their marriage. read fully to understand about New York State Divorce Abandonment

Defining Abandonment in Divorce

Legal Definition

Absence of Spousal Contact: Abandonment, as a ground for divorce in New York, refers to one spouse leaving the marital home without consent or justification, without any communication, and with an intent to abandon the marriage.

Duration of Abandonment: The abandonment must typically persist for a continuous period of one year or longer.

Legal Process for Divorce Based on Abandonment

Filing for Divorce

Establishing Abandonment: To file for divorce based on abandonment, the aggrieved spouse must provide evidence to the court, demonstrating the absence of spousal contact for the required duration.

Proof of Intent: Proving the intent to abandon the marriage is essential, often requiring documentation or witnesses to substantiate the claim.

Requirements and Considerations

Burden of Proof

Evidence and Documentation: Providing concrete evidence of abandonment, such as lack of communication or financial support, is crucial to substantiate the claim in court.

Resumption of Contact: If the abandoning spouse resumes contact or attempts reconciliation during the separation period, it might impact the validity of the abandonment claim.

Legal Implications

Impact on Divorce Proceedings

Grounds for Divorce: Abandonment serves as a legal ground for divorce, potentially influencing decisions on alimony, property division, and child custody.

Contested Proceedings: In contested divorces based on abandonment, legal proceedings might be prolonged due to the need to prove the abandonment claim.

Also read divorce in new york abandonment


Divorce based on abandonment in New York State involves specific legal criteria and requires substantial evidence to support the claim. Understanding the legal definitions, requirements, and implications is crucial for individuals seeking divorce on grounds of abandonment, ensuring a comprehensive approach to the dissolution of their marriage within the state.