Being denied sex only once does not constitute grounds for divorce, no matter how bad the marriage, a New York judge has ruled. The judge found that the fact that a plaintiff wife "may not have made an adequate number of requests to engage in sexual relations with her husband" was understandable given the state of her marriage, but that it also prevented the court from finding that she had been constructively abandoned. New York is the only state to require fault as a predicate for divorce.
Court: One-Time Denial of Request for Sex Does Not Prove Abandonment
New York Law Journal
October 19, 2005