What Constitutes Abandonment in NY Divorce Proceedings?
If you are considering filing for divorce based on your spouse’s abandonment, it’s in your best interest to enlist the help of a dedicated Nassau County Divorce Attorney who can help you navigate this complex situation. Please continue reading as we delve into how spousal abandonment can impact your New York divorce proceedings.
What is Spousal Abandonment?
To obtain a divorce in New York, you are required to cite a legally accepted reason (ground) for the breakdown of the marriage. Like many states, New York allows couples to file for a no-fault or a fault-based divorce. It’s important to understand that if you choose to pursue a fault-based divorce, you will need to prove to the court that your spouse’s misconduct, such as adultery, cruelty, or abandonment, was the main reason for the end of your marriage.
Spousal abandonment, also referred to as desertion, is one of the various grounds on which an individual can seek a divorce in New York. Spousal abandonment is commonly defined as one spouse leaving the marital home without the consent of the other for at least one year without any justifiable reason. Under these circumstances, the absence of consent from the deserted spouse is crucial. If the spouse has granted permission or agrees to live separately, this action doesn’t constitute abandonment.
How Can Desertion Impact My Divorce Settlement?
Spousal abandonment can significantly impact your divorce settlement. New York is an equitable distribution state, which means the court will divide marital property in a manner that is fair but not necessarily equal. If you can prove that your spouse has deserted you, the court may award you a larger share of the marital assets. This is usually the case if the court finds that the abandonment has hurt the remaining spouse’s finances.
When it comes to child custody decisions, judges are primarily focused on ensuring the child’s best interests. Custody decisions are not designed to punish parents for bad behavior but rather ensure the child’s overall well-being. This means the court will consider numerous factors to determine the best living situation for the child. If a parent has abandoned their family, without providing any communication or support, it can impact a judge’s conclusion about their parental fitness. This is particularly true if a parent’s negative actions directly impact the child’s safety or stability. A deserting spouse may find it challenging to secure custody or may receive limited visitation rights.
As you can see, abandonment can give the spouse who was left behind a more favorable outcome in terms of asset division and child custody. This is because the court views the deserting spouse as being at fault for the breakdown of the marriage. At the Pollack Law Firm, P.C., we are prepared to help you gather the necessary evidence to prove that you meet the legal requirements for a fault-based divorce. Connect with our firm today to discuss your circumstances with a seasoned member of our team.
