Which of the following actions can serve as a basis for fault in a divorce?

Prepare for the New York Family Law Bar Exam with comprehensive questions and detailed explanations. Enhance your understanding of family law concepts and test your readiness. Aim for success!

Citing bigamy as a basis for fault in a divorce is correct because bigamy, which is the act of marrying one person while still legally married to another, constitutes a clear violation of marital laws. It undermines the fundamental contract of marriage, which is the exclusive commitment between two individuals. Such an act not only raises significant legal issues but also demonstrates a profound breach of trust that is essential to the marital relationship. Courts recognize bigamy as a serious offense that warrants fault in divorce proceedings.

In contrast, actions like verbally agreeing to separate, engaging in a long-distance relationship, or making a unilateral decision to relocate do not inherently signify a fault that would justify divorce. These actions may reflect issues within the marriage but do not rise to the level of legal breaches that would qualify as fault grounds under New York law. Thus, they are not recognized as justifiable bases for a fault divorce, which focuses on substantive wrongdoing by one spouse.

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