Constructive Abandonment
A fault ground for divorce where one spouse refuses to engage in marital relations (typically sexual intimacy) without justification, despite the other spouse's requests.
Understanding Constructive Abandonment
Constructive abandonment differs from physical abandonment in that the refusing spouse has not left the home. Instead, they have unilaterally ended the sexual relationship without cause. To prove constructive abandonment, the requesting spouse must show repeated good-faith attempts to restore the marital relationship and that the refusal continued for a statutory period, usually one year. Medical conditions or mutual agreement to abstain would be valid defenses. This ground is most commonly used in states like New York that retained fault-based divorce options.
Real-World Examples
The husband files for divorce on constructive abandonment grounds after his wife refused all physical intimacy for over a year without explanation.
Related Terms
When one spouse leaves the marital home without justification, without consent, and without intent to return. It can serve as fault-based grounds for divorce in many states.
AdulteryVoluntary sexual intercourse between a married person and someone who is not their spouse. It is a fault-based ground for divorce in many states.
Contested DivorceA divorce where the spouses cannot agree on one or more key issues — such as custody, property division, or support — and a judge must decide.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.