New York Divorce Report - What is a constructive abandonment? - Comments

denise

dclement@clementlaw.com (Daniel Clement) — Mon, 23 Feb 2009 02:00:45 -0500

I got married last June 6, 2008. My husband was station in a Navy base in Maine a few days later. I had to stay back in NY because of work. The all time he was in Maine I didnt get any visits from him. He was deployed to Kuwait in December. Since we gotten married i have not received any support from him. I havent even gotten a military spouse ID. I havent received any money for bills either. I was taken to ER three times this year alone and he hasnt given me papers need to get Tri Care. He comes back from deployement in April and has no plans to be with me. He has completly abandoned me as if we were never married. I want to annull our marriage but dont know the steps needed to.What steps in the courts should i do.

PJ

dclement@clementlaw.com (Daniel Clement) — Mon, 23 Feb 2009 02:00:45 -0500

I WISH TO KNOW THAT IN AN ONGOING DIVORCE CASE IF SOMEONE WANTS TO MEET THE JUDGE, WHO IS HEARING THE CASE, SEPARATELY FOR A CONSULTATION. IS IT POSSIBLE? DOES THE LAW ALLOW THE JUDGE TO ENTERTAIN SUCH REQUESTS.

Barbara Norpoth

dclement@clementlaw.com (Daniel Clement) — Mon, 23 Feb 2009 02:00:45 -0500

Hi...my marriage of 25 yrs which started in Germany has ended in the state of NY with the threat of filing with constructive abandonment as fault. We haven't had sexual intercourse in over 2 years as he is impotent and disinterested in marital sex. Is this still a recognized fault in NY? How will No-Fault change this? Thank you! B N

Dan Clement

dclement@clementlaw.com (Daniel Clement) — Mon, 23 Feb 2009 02:00:45 -0500

You husband's inability to have sex explains your refusal- he would have no cause of action. That said, do you want to remain married to someone who does not want to be with you?