What action constitutes abandonment in a marriage under New York law?

Under New York law, abandonment in a marriage is specifically defined as one spouse leaving the marital home without the other spouse's consent and remaining away for a continuous period of at least one year. This legal definition emphasizes the importance of physical separation accompanied by the absence of consent from the remaining spouse, creating a basis for a claim of abandonment.

In this context, simply not communicating for six months does not meet the threshold for abandonment, as the lack of communication does not indicate a physical departure or lack of consent. Similarly, being away for extended work commitments, while potentially disruptive to the marriage, does not constitute abandonment if the spouse is still fulfilling marital responsibilities or intentions to maintain the relationship. Additionally, merely expressing an intent to separate without taking definitive action does not satisfy the elements required to prove abandonment, since the key factor involves actual physical departure coupled with the absence of consensus.

Therefore, the correct understanding of abandonment in the context of New York law directly aligns with the definition provided, which involves a spouse leaving the marital residence without permission for the required duration.