Petroske Riezenman & Meyers, PC based on Long Island, New York, is renowned for its focus on family law and divorce cases. With a team of seasoned attorneys, our firm serves clients in Suffolk and Nassau Counties, offering comprehensive legal services tailored to the unique needs of each family. Our extensive expertise in family law encompasses a wide range of issues, including divorce, child custody, child support, spousal support, and more. A divorce attorney from our law firm can be trusted to handle complex cases involving abandonment, providing clients with the guidance and support needed to navigate these challenging situations.
Petroske Riezenman & Meyers, PC focuses on delivering personalized and effective legal solutions to families facing difficult transitions. Our firm’s services cover all aspects of divorce, from uncontested separations to high-conflict disputes. When it comes to abandonment issues, the attorneys at Petroske Riezenman & Meyers, PC are well-equipped to address the legal and emotional complexities involved. We work diligently to gather evidence, present compelling arguments, and advocate for our clients’ rights, ensuring that abandonment claims are thoroughly examined and justly resolved.
Navigating the intricacies of divorce proceedings can be overwhelming, especially when abandonment is a factor. Petroske Riezenman & Meyers, PC is committed to guiding clients through every step of the process, from initial consultations to final settlements. Our attorneys provide clear and compassionate advice, helping clients understand their legal options and the potential outcomes of their cases. By leveraging our deep knowledge of family law and experience in mediation and litigation, we strive to achieve fair and just outcomes for our clients.
Whether through negotiated agreements or court rulings, Petroske Riezenman & Meyers, PC ensures that clients’ interests are protected and their voices are heard throughout the divorce process.
What Is Marital Abandonment?
In New York State, abandonment is recognized as one of the grounds for divorce. Abandonment occurs when one spouse voluntarily leaves the marital home and ceases cohabitation with the intent not to return without the consent of the other partner for a continuous period of at least one year. This often includes physical abandonment, where one spouse physically leaves the home for a certain period.
It is a common misconception that a partner must move out to meet the definition of abandonment. There is also constructive abandonment, where one spouse refuses to engage in sexual relations with the other despite their requests, and without good cause or justification. It is surprising to some spouses that withholding sex for a long period of time is also considered abandonment.
Abandonment must be proven in court with clear evidence that the abandonment was intentional and without the consent of the other partner. This ground for divorce requires the abandoned spouse to show that the desertion has lasted for at least one year and that there was no reasonable cause for the departure or refusal to cohabit.
How Does One Prove Abandonment?
Proving abandonment in a divorce case requires clear and convincing evidence that one spouse has intentionally and voluntarily left the marital home or ceased cohabitation without the consent of the other spouse and without justification for a continuous period of at least one year. Here are the steps typically involved in proving abandonment:
Demonstrate Intent: The deserted spouse must show that the abandoning spouse had the intention to leave and not return. This can be evidenced by actions such as moving out, changing addresses, or cutting off communication.
Lack of Consent: It must be established that the abandonment occurred without the consent of the deserted spouse. This can be shown through testimony or written communication indicating that the absent spouse left of their own accord without permission from the other spouse.
Continuous Period: The abandonment must have lasted for at least one year. Evidence such as rental agreements, utility bills, or witness testimony can help establish the timeline of the abandonment.
No Justification: The deserted spouse must prove that there was no reasonable cause for the abandonment. This means the abandoning spouse did not leave due to abuse, infidelity, or other justifiable reasons.
Constructive Abandonment: In cases of constructive abandonment, where one spouse refuses to engage in marital relations without justification, the deserted spouse must provide evidence of the refusal and its impact on the marriage. This can include testimony, counseling records, or other relevant documentation.
How Does Abandonment Impact Divorce Proceedings?
Abandonment may impact divorce proceedings, particularly in states like New York where it is recognized as a ground for divorce. Here are the key legal implications of a spouse’s abandonment in divorce cases.
Grounds for Divorce
Abandonment is considered one of the fault-based grounds for divorce in New York. If a spouse can prove abandonment, they may be granted a divorce on these grounds. This can be particularly important in cases where the other spouse contests the divorce or where there are strategic reasons for seeking a fault-based divorce. In practice, however, most New York divorces are granted on no-fault grounds.
Impact on Property Division
Since New York is an equitable distribution state, meaning that marital property is divided fairly but not necessarily equally, abandonment can influence the division of assets. A judge may consider the circumstances of the abandonment when determining a fair distribution of property. For example, if one spouse abandoned the family and left the other spouse to manage all household expenses and childcare for a prolonged period, the judge might award a larger share of the marital assets to the deserted spouse.
Financial Support (Maintenance or Alimony)
Abandonment can also affect spousal support decisions. If one spouse abandons the other, the deserted spouse may be awarded spousal support, if the abandonment causes financial hardship. The court will consider the length of the abandonment, the financial needs of the deserted spouse, and the ability of the abandoning spouse to pay support when considering financial obligations.
Child Custody and Support
In cases where minor children are involved, abandonment can have a significant impact on custody rights and support arrangements. A parent who abandons the family may be viewed unfavorably by the court when determining custody. The court’s primary concern is the best interests of the child, and a history of abandonment from one parent can weigh heavily against them. Additionally, the deserted spouse may be awarded primary custody and child support to ensure the children’s needs are met.
Emotional and Psychological Impact
Beyond the legal implications, abandonment can have profound emotional and psychological effects on the deserted spouse and children. The court may take these factors into account when making decisions about custody, visitation, and support, aiming to provide stability and support to the affected family members.
Abandonment can play a critical role in divorce proceedings, influencing decisions related to divorce grounds, property division, spousal support, and child custody. It is essential for the deserted spouse to gather sufficient evidence and work with an experienced attorney to navigate the complexities of proving abandonment and securing a fair and just outcome.
Speak to a Divorce Lawyer About Claiming Abandonment
If you are facing the challenges of abandonment in your marriage, it is crucial to seek the guidance of an experienced divorce lawyer. Claiming abandonment as a ground for divorce can be a complex process, requiring clear evidence and a thorough understanding of legal procedures. A skilled attorney from Petroske Riezenman & Meyers, PC can help you navigate these complexities, ensuring that your rights and interests are protected.
By consulting a divorce lawyer, you can gain valuable insights into how abandonment impacts your case, including potential effects on property division, spousal support, and child custody. An attorney can assist you in gathering the necessary evidence, such as documentation and witness testimony, to build a strong case for abandonment. They can also provide strategic advice tailored to your unique situation, helping you achieve a fair and just outcome.
Moreover, a compassionate lawyer can offer emotional support and guidance during this difficult time, helping you make informed decisions about your future. Don’t face the challenges of abandonment alone—speak to a divorce lawyer today to explore your options and take the first step towards a new beginning.