If you are thinking about filing for divorce based on your spouse’s abandonment, it’s in your best interest to consult an experienced Suffolk County Divorce Attorney who can help you navigate this complex situation. Please continue reading as we explore how spousal abandonment can impact your divorce proceedings.
What is Spousal Abandonment?
To get a divorce in New York, you must cite a legally accepted reason (ground). New York allows couples to file for a no-fault or fault-based divorce. If you pursue a fault-based divorce, you will need to prove that your spouse’s wrongdoings were the reasons for the breakdown of your marriage.
Spousal abandonment, also known as desertion, is one of the grounds on which a person can seek a divorce in New York. Under New York law, spousal abandonment is considered when one spouse leaves the marital home without the consent of the other for at least one year without any justifiable reason. The absence of consent from the deserted spouse is vital. If the spouse has granted permission or agrees to live separately, the act doesn’t constitute abandonment.
How Can Desertion Impact My NY Divorce Settlement?
In New York, spousal abandonment is taken seriously, and pursuing these grounds can significantly impact the resulting divorce settlement. When it comes to child custody decisions, judges must focus on the children’s best interests. While custody decisions aren’t intended to punish parents for bad behavior, if a parent has abandoned their family, particularly without communication or support, it can affect a judge’s conclusions about their parental fitness. Therefore, a deserting parent may find it difficult to secure custody or may receive limited visitation rights. This is usually the case if the court deems that the abandonment has impacted the child’s overall well-being. As for child support, the court can view abandonment as a form of neglect, which could result in a higher child support obligation for the deserting parent.
As with laws on child custody, judges are required to consider several factors when they are making decisions about alimony and property division. Although abandonment may not directly impact the amount or duration of spousal support awarded, it could be a factor that influences the court’s decision when it has hurt the remaining spouse’s finances. When it comes to property division, New York operates under an equitable distribution model. This means that the court will divide marital property between the couple in a manner that is fair but not necessarily equal. A spouse’s abandonment might factor into a judge’s decision to award the remaining spouse a greater share of marital property, as a way to ensure fairness.
At The Law Offices of Susan A. Kassel, P.C., we are prepared to help you pursue a fault-based divorce and gather the necessary evidence to prove that you meet the legal requirements for abandonment. Connect with our firm today to discuss your circumstances with an experienced member of our team.
