This section contains the nature of the case and procedural background.

H petitioned for divorce from W. New York was the only state that did not provide for no-fault divorces. H alleged constructive abandonment as a ground for fault. There was no written separation agreement, and H presented his case. H and W had lived apart for one or more years. The statute provides that constructive abandonment is a ground for divorce if H and W had lived separate and apart pursuant to a separation agreement.

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