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Litigation
'Social Abandonment' Rejected As Ground for Divorce
An appellate panel in New York has declined to recognize “social abandonment” as a ground for divorce. Davis v. Davis, 203111/07.
Plaintiff Novel Davis argued that her husband Shepherd Davis' refusal to eat meals with her, celebrate holidays together or attend family functions should be recognized as a form of abandonment, one of the four grounds for divorce in contested New York proceedings.
In a 10-page decision, a unanimous Appellate Division, Second Department, panel expressed sympathy for proponents of more flexible divorce requirements, but set forth a host of reasons for affirming the dismissal of Ms. Davis' social-abandonment cause of action. “The plaintiff's allegations of social abandonment may appropriately be viewed as merely another way of claiming 'irreconcilable differences' between spouses, that do not constitute a cognizable ground for a divorce,” the opinion stated. “While we are sensitive to the desire of many for a reformation of matrimonial litigation in New York including, but not limited to, the enactment of no-fault divorce grounds, this case cannot provide the vehicle for that goal.” ' Mark Fass
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'Social Abandonment' Rejected As Ground for Divorce
An appellate panel in
Plaintiff Novel Davis argued that her husband Shepherd Davis' refusal to eat meals with her, celebrate holidays together or attend family functions should be recognized as a form of abandonment, one of the four grounds for divorce in contested
In a 10-page decision, a unanimous Appellate Division, Second Department, panel expressed sympathy for proponents of more flexible divorce requirements, but set forth a host of reasons for affirming the dismissal of Ms. Davis' social-abandonment cause of action. “The plaintiff's allegations of social abandonment may appropriately be viewed as merely another way of claiming 'irreconcilable differences' between spouses, that do not constitute a cognizable ground for a divorce,” the opinion stated. “While we are sensitive to the desire of many for a reformation of matrimonial litigation in
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