Constructive abandonment: If the refusal to engage in sexual relationships is justified in light of inappropriate conduct by the allegedly abandoned spouse, that spouse has no cause of action for a divorce on the ground of constructive abandonment.

In cases involving a lock-out or leaving of the marital residence, the defendant has a defense if the absence or lock-out was justified or that there is a lack of continuous abandonment.  See Schine v Schine, 31 NY2d 113; Del Galdo v De Galdo, 51 AD2d 741.  Generally, an un-rescinded and valid separation agreement or a valid separation decree is a defense to cause of action on abandonment. See Butt v Butt, 50 AD2d 584 (2d Dept 1975).

Bronx divorce lawyer Bryan J. Hutchinson will fight for your right to child custody, child support, spousal maintenance, and equitable distribution of property. We zealously represent divorce and family law clients for over 20 years in New York State Courts in the Bronx, Brooklyn, Queens, Manhattan, Westchester, and Nassau Counties. Call the Law Office of Bryan J. Hutchinson, PLLC at (718) 671-0900 for a confidential consultation.