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                                                                            ABANDONMENT

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An action for divorce may be maintained where the Defendant abandons the Plaintiff for a period of one year or
longer
prior to commencing the action and continuing to the present. The following (3) choices for abandonment are
listed below.

I.    
Abandonment may take the form of your spouse "PHYSICALLY DEPARTING" your marital home without any intention
     
 of returning for a period of one year or longer prior to commencing the action, and continuing to the present,
    
  without any good reason for doing so and without your consent; OR

II.   
Another form of abandonment is called "CONSTRUCTIVE ABANDONMENT", which involves one spouse's refusal to
     
  engage in sexual relations with the other spouse continuously for one year or longer prior to commencing the
     
  action, and continuing to the present, without consent, good cause or justification; OR

III.  
Another form of abandonment is called a "LOCK OUT", which involves one spouse's refusal to allow the other
   
    spouse into the home continuously for more than one year prior to commencing the action and continuing to the
   
    present.


NOTE:   All information referenced above and/or duplicated within this page, is directly from the New York State Unified
          
     Court System booklet (and described in the New York Domestic Relations Law §170).

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