Abandonment As a Ground For Obtaining Judgment of Separation Under New York Law
Under New York law, abandonment is one of the legal grounds for obtaining a judgment of legal separation against one’s spouse. To obtain a legal separation in New York based on abandonment, a plaintiff must show that the defendant-spouse acted unjustifiably, voluntarily, and with the intention of never returning to the marital residence. New York remains the only state in the United States without no fault divorce.
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