In New York, abandonment is a legal ground in which you could file a divorce petition. With this ground, you are implying that your spouse abandoned you. This indicates that you and your spouse didn’t agree that he or she should leave. In basic, they deserted you. In order to prove these fault grounds, you must prove that the abandonment occurred at least one year prior to the date in which you file the petition.
How Abandonment Grounds Work
Essentially, you’re stating that the marriage wouldn’t have ended if your spouse didn’t leave. You have to provide evidence that your actions didn’t cause them to leave. To achieve a divorce, your spouse cannot say that they left because of unfair treatment by you. If they make this claim, the court could throw out your petition. To learn more about abandonment, contact Divorce Lawyers Nassau County NY today.
Divorce By Publication
Petitioners who aren’t able to locate their spouse for one year or longer could get a divorce through publication. The proceedings require the attorney to place an ad in the local newspaper to notify their spouse of the impending divorce. The ad must run for at least six weeks. After this duration, the attorney schedules a hearing before the judge to allow the petitioner to discuss the details of their marriage. If the defendant doesn’t respond, the judge grants the divorce. View website for more info about the best divorce lawyers in Nassau County, NY.
When the Spouse is Missing for Seven Years
When a spouse has been missing for seven years, their spouse could have them declared legally dead. This is a requirement for them to remarry. Even though the spouse is missing, the marriage remains valid. By petitioning the court to declare your spouse legally dead, the marriage is nullified. However, if the spouse returns, the marriage is reinstated. If this occurs, any new marriage is void.
By understanding the laws related to abandonment, you discover how to proceed in achieving a divorce. With these grounds, the abandonment must have taken place at least one year prior to filing for a divorce. In cases in which you choose to achieve a divorce by publication, you should exhaust all efforts to contact your spouse first. To learn more about these grounds, contact Divorce Lawyers Nassau County NY by visiting Long-island-divorce-lawyers.com today.
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