Is constructive abandonment a cause of action for divorce?

As stated in Lyons v. Lyons [187 AD2d 415, 589 NYS2d 557 (2d Dept 1992)], "[i]t is well settled that to establish a cause of action for a divorce on the ground of constructive abandonment, the spouse who claims to have been constructively abandoned must prove that the abandoning spouse unjustifiably refused to fulfill the basic obligations arising from the marriage contract and that the abandonment continued for at least one year. The refusal must be unjustified, willful, and continued despite repeated requests for continued conjugal relations." Id. at 416, 559 (citations omitted). The rationale behind the constructive nature of the abandonment is not limited to the "technical physical separation" of the parties but that the "essence of desertion or abandonment" is a refusal to fulfuill a "basic obligation springing from the marital contract." See, Diemer v. Diemer, 8 NY2d 206, 203 NYS2d 829 (1960).