Friday, November 20, 2009


The Appellate Division Second Department issued a decision on November 17, 2009 in Davis v Davis, 2009 NY Slip Op 2009, which found that New York law does not recognize a cause of action for "social abandonment" as an extension of the abandonment ground for divorce. The decision which twice cites one of my New York Law Journal articles, "No Fault Divorce: New Twist on Constructive Abandonment" from March 2005 indicates that the "social abandonment" claim is too amorphous and falls into the "irreconcilable differences/no fault" type category which is not accepted in New York. The decision does, however, recognize the frustration with the lack of no fault grounds in New York and indicates that this case cannot provide the vehicle to accomplish that goal. The case may be found at: