Tuesday, May 16, 2006

Evidence of Viagra Use Disproves Constructive Abandonment in New York Divorce

New York state's fault-based divorce laws continue to give us glimpses of what divorce actions used to look like throughout the country.  In a news report from Mark Fass of the New York Law Journal, we find this interesting evidentiary victory: "In New York, a state that requires aspiring divorcees to prove grounds -- and that also provides ample economic incentive for their spouses to contest those grounds -- defendants in divorce proceedings can find themselves needing to establish that they have not constructively abandoned their partners by denying them sex for over a year.  But how?  For one Westchester, N.Y., man, the proof was in the pill box: G.W. elicited as evidence of his and his wife C.W.'s lovemaking his physician's testimony that he had taken Viagra and, purportedly, that it had worked."

To read the entire article on Law.com (last visited May 16, 2006 bgf)

http://lawprofessors.typepad.com/family_law/2006/05/evidence_of_via_1.html

Divorce (grounds) | Permalink

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