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Abandonment
A spouse who has been abandoned by his or her partner for at least one year immediately prior to the commencement of a divorce action can use this as a basis for divorce. This term may apply to situations where there has been a physical abandonment, meaning one spouse has simply left the other, as well as to situations where one spouse has refused to engage in sexual relations with the other spouse for at least one year immediately prior to the commencement of a divorce action, despite repeated requests for sexual relations, assuming that neither husband or wife has a disability which would prevent them from having sexual relations with the other and is commonly known as Constructive Abandonment. Prior to the passage of New York States No Fault legislation, this was the most common grounds used for a divorce, although frequently it required both spouses to lie in order to obtain a divorce.
Adultery
Rarely used as a ground for divorce as there are usually other, less expensive grounds that can be used. Adultery is commonly proven by circumstantial evidence to show that the cheating spouse had the inclination and opportunity to commit adultery. If, you have sexual relations with your spouse after you discover that he or she has committed adultery, you have forgiven (or condoned) it, and you will not be granted a divorce on this ground. Similarly, if both spouses are committing adultery, a divorce cannot be granted on this ground.
Imprisonment
This ground for a divorce may be used if your spouse has actually spent three or more years in prison immediately prior to the commencement of a divorce action.
Though sometimes individuals obtain a divorce without legal assistance, if you have children, substantial assets, or will need nancial assistance from your spouse once the marriage is dissolved, it is best for you to consult a divorce attorney to learn your rights and the various options that you have concerning these matters. Remember, if children are involved, it is not just your rights that will be affected. Michael A. Cohen can consult with you to answer any questions you may have. Please call 516-280-6806