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News about Divorce Law in New York State
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Jan 2019WHAT DO I TELL THE KIDS?
Dec 2018DO I NEED A LAWYER IN FAMILY COURT
Dec 2018CHANGES IN DIVORCE LAW
Dec 2018Family Offense
Oct 2018Can I apply for Custody?
Oct 2018Must I sue for custody?
Oct 2018WHAT IS A RJI
Sep 2018Who will get custody in New York?
Aug 2018Can I sue for abandonment?
Jun 2018What is Mediation?
Can I sue for abandonment?
August 2, 2018
Abandonment is still grounds for divorce in New York. The Courts will try to steer away from having you proceed on these grounds because it is expensive, and might require a jury trial. Instead they will encourage the parties to proceed under the ground of irreconcilable difference.
There are different types of abandonment such as the New York courts recognize "constructive abandonment" which is when one spouse or the other refuses to have sexual relations with the other spouse for a continuous period of one year.
Abandonment can have serious economic consequences for the family especially if there are children involved. For this you may seek immediate relief in Family Court for such items as child support, health insurance, spousal support and child custody. Seek one of the best attorneys you can find.
When filing in Family Court you can expect that the case be transferred over to Supreme Court at some point to be consolidates with your divorce action should your spouse file there after you filed in New York Family Court. This is because the Family Court has no power to grant you a divorce or divide up marital property. But Family Court is a good place to start if you lack resources. Always remember to apply for a free lawyer in both courts if you lack funds to prosecute your child custody case.
Try the Law Offices of Manhattan Divorce Lawyer Lisa Beth Older. We have thirty two years of experience dealing with such matters.
You can read more about her agt www.nycdivorcelawyer.net