Matrimonial lawyers remain fascinated with the still evolving construction of the statutes that govern their practice. This column has dealt with many issues under Domestic Relations Law §236—popularly called the Equitable Distribution Law or EDL—as they have finally been resolved almost 30 years after that statute’s enactment effective July 19, 1980. Now, a Second Department case has resolved an even older question, to wit: what is the definition of “abandonment” as a ground for divorce pursuant to DRL 170(2)? Davis v. Davis, NYLJ, Nov. 23, 2009, p. 17, col. 3 (2d Dept. 2009).
Background
In 1966, the Legislature had enacted the first expansion of the grounds for divorce in this state, effective Sept. 1, 1967. Prior to that date, adultery had been the sole ground for divorce in the state (drafted by Alexander Hamilton and enacted in 1787). DRL 170 added grounds for a divorce upon the ground of:
1. cruel and inhuman treatment,
2. abandonment,
3. imprisonment for a period of three or more consecutive years,
4. adultery,
5. living separate and apart pursuant to a Judgment of Separation for a period of one or more years (originally two years), and
6. living separate and apart pursuant to an Agreement of Separation for a period of one or more years (originally two years).
