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The Divorce Encyclopedia
Constructive Abandonment


Term Definition Constructive Abandonment - the refusal of one spouse to engage in sexual relations with the other spouse.
Application in Divorce In some states and provinces this is considered grounds for divorce if lasting for a certain length of time. The time period is typically in excess of one year.

Constructive abandonment is a popular ground in an uncontested divorce in those states that permit it. The reason being is obvious: many marriages that end in divorce are sexless for some time prior to the end of the marriage. For example, in the state of New York, this ground is often chosen for uncontested divorces rather than the no-fault ground that has a separation period.

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