what if I am being accused of constructive abandonment

New York State does not allow no-fault divorces or irreconcilability as grounds for divorce and requires that a person must prove marital fault in order to obtain a divorce. Constructive abandonment is the ground that is most often used in proving fault in New York divorces. The state’s laws require the complaining spouse to prove that the abandoning spouse “spouse unjustifiably refused to fulfill the basic obligations arising from the marriage” and that the abandonment has been for at least one year. The “basic obligations” usually refer to a failure to have sexual relations as husband and wife. A refusal to have sexual relations is considered constructive abandonment only when the refusal is “unjustified, willful, and continued, despite repeated requests from the other spouse for resumption of cohabitation.” If you are being accused of constructive abandonment it most often means your spouse desires a sexual relationship in the marriage and you are not providing it. – The Divorce.com Team

Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE'S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.