Findings Of Fact And Conclusions Of Law - Supreme Court Of The State Of New York (Page 4 of 9) in pdf



That commencing on or about

, and continuing for a period of more than one

(1) year immediately prior to commencement of this action, the Defendant willfully and without cause

or justification abandoned the Plaintiff, who had been a faithful and dutiful spouse, by depriving

Plaintiff of access to the marital residence located at

. This

deprivation was without the consent of the Plaintiff and continued for a period of greater than one year.

Confinement to Prison (DRL §170(3)):



That after the marriage of Plaintiff and Defendant, Defendant was confined in prison

for a period of three or more consecutive years, to wit: that Defendant is/was

confined in

prison on the

Name of correctional facility

______day of ___________,____, and remained confined until the

Month

Year

______day of_____________,____; OR  remains confined to this date.

Month

Year

Adultery (DRL §170(4)):



That on the___ day of___________,____, at ______________________________

Month

Year

Location

the Defendant voluntarily committed of an act of sexual or deviate sexual intercourse

with a person other than the Plaintiff after the marriage of Plaintiff and Defendant.

Living Separate and Apart Pursuant to a Separation Decree or Judgment of Separation

(DRL §170(5)):



(a)

That the

Court,

County,

(Country

or State) rendered a decree or judgment of separation on

under Index Number

; and

(b)

that the parties have lived separate and apart for a period of one year or longer after

the granting of such decree; and

(c)

that the Plaintiff has substantially complied with all the terms and conditions of such

decree or judgment.

Living Separate and Apart Pursuant to a Separation Agreement (DRL §170(6)):



(a)

That the Plaintiff and Defendant entered into a written agreement of separation, which

they subscribed and acknowledged on

, in the form required to

entitle a deed to be recorded; and

(b)

that the agreement / memorandum of said agreement was filed

in the Office of the Clerk of the County of

, wherein Plaintiff

/ Defendant resided; and

(c)

that the parties have lived separate and apart for a period of one year or longer after

the execution of said agreement; and

(d)

that the Plaintiff has substantially complied with all terms and conditions of such

agreement.

Irretrievable Breakdown in Relationship for at Least Six Months (DRL §170(7)):



That the relationship between Plaintiff and Defendant has broken



down irretrievably for a period of at least six months as stated in

the Plaintiff’s Affidavit

or  a

sworn statement of Defendant.

(UD-10 Rev. 1/31/14)

Findings Of Fact And Conclusions Of Law - Supreme Court Of The State Of New York Page 4

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