What constitutes abandonment? My husb skips out every weekend for the last 5 yrs . I filed for divorce. Then It was adjorned . My choice. Ever since then he sleeps on the couch and walks out every weekent telling our children he needs a bed and goes every weekendt to find a bed.I have told him to move back into the bed room he told me no he will not do that . He does by food and help with the children.( I am leaving out my personal comments about this behavior. He pays no rent . He and his at the time atty clms that the apt is marital property . The apt is in my name he is an afiliated spouse. He refused to leave saying he does not want to be hit with child support .We speak only aboutthe children .
I know that constructivbe abandonment (which is grounds for divorce in NYS) involves the spouse refusing sexual relations for 1 year.
Maybe you're there?
I had a similar situation with my wife--she didn't skip out, but she slept on the couch 9 nights out of 10 for the last 10 years. There were times when we woudn't make live for over 18 months at a stretch. We did (and still do) talk about a lot of things thgough. She was a good friend, but a lousy wife. She's now improving greatly as a wife....
Good luck, and welcome to the forum.
-------------------- --Boothby
My goal: Once a day, make someone laugh so hard that their soda comes out their nose
Well since you asked; constructive abandoment is no sex for at least 1 year. As for leaving the residence? From what I understand, if he has been gone for at least a year with no word, thats physical or residental abandonment.
If he is refusing to sleep with you, and is leaving on the weekends, my guess is: He has someone on the side who is providing for him. He made the point that about paying child support if he leaves. He got that right. He is waiting to be ordered to pay child support. Hope this answered your quesitons. Tractormom
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