Fault-Based Divorce Lawyer New York
Most New York divorces proceed on the no-fault ground, but the state’s divorce statute has never eliminated fault-based grounds, and choosing to plead one can still matter in certain circumstances. A spouse considering divorce sometimes wants the record to reflect the other spouse’s conduct, or believes the facts of the marriage fit squarely within one of the fault categories the legislature has defined. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys advise clients on whether a fault-based ground applies to their situation and what pleading and proving that ground would involve. Because fault grounds carry their own evidentiary requirements, understanding the options before filing is important. Some clients want the factual record of the case to reflect specific conduct during the marriage, while others simply find that their circumstances fit one of the six statutory grounds more directly than the no-fault alternative. Because the evidentiary burden differs from ground to ground, an early, candid conversation about the available proof often shapes how a case is ultimately pled. Call (888) 437-7747 to request a consultation.
What Fault-Based Divorce Means in New York
Domestic Relations Law § 170 sets out the grounds on which a New York divorce may be granted. Subdivisions (1) through (6) are the fault-based grounds, and subdivision (7) is the no-fault ground based on an irretrievable breakdown of the marriage. The six fault grounds are distinct, each with its own required showing.
Cruel and inhuman treatment, under subdivision (1), applies where the defendant’s conduct toward the plaintiff endangers the plaintiff’s physical or mental well-being to the point that it is unsafe or improper for the parties to continue living together. Abandonment, under subdivision (2), requires that the defendant have abandoned the plaintiff for a period of one year or more. Imprisonment, under subdivision (3), applies where the defendant has been confined in prison for three or more consecutive years after the marriage took place. Adultery, under subdivision (4), requires proof that the defendant voluntarily engaged in specified sexual conduct with someone other than the plaintiff after the marriage.
The remaining two fault grounds both involve a period of living apart for six months or more, but they differ in what underlies that separation. Subdivision (5) applies where the parties have lived apart for six months or more pursuant to a decree or judgment of separation, with proof that the plaintiff has substantially performed the terms of that decree. Subdivision (6) applies where the parties have lived apart for six months or more pursuant to a written agreement of separation, acknowledged in the manner required to record a deed, or a memorandum of that agreement filed with the court, again with proof of substantial performance of its terms. Because subdivisions (5) and (6) both depend on prior separation instruments, they are frequently discussed alongside legal separation matters generally.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle These Cases
When a client raises the possibility of a fault-based filing, Mr. Sris and the firm’s Of Counsel attorneys begin by reviewing the facts of the marriage against each of the six statutory grounds to determine which, if any, are supported by the available evidence. Because each ground has its own elements, such as the one-year abandonment period or the three-year imprisonment threshold, the firm’s Of Counsel attorneys assess whether the facts of a particular marriage actually meet the statutory definition before recommending that a client proceed on that basis.
Proving a fault ground can involve gathering documentation, correspondence, and other evidence relevant to the specific ground being pleaded, and the firm’s Of Counsel attorneys work with clients to organize that record. In many cases, clients also want to understand how choosing a fault ground compares to proceeding under the no-fault ground in subdivision (7), including the practical and evidentiary differences between the two approaches, so that the client can make an informed decision about how to proceed.
Because a contested fault-based case can involve testimony and evidence about sensitive events in the marriage, the firm’s Of Counsel attorneys work to prepare clients for what the process will involve, while also addressing the equitable distribution, maintenance, and custody or support issues that must be resolved as part of any New York divorce. The team coordinates these elements so that the choice of grounds fits within the client’s broader goals for the case.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris has served as Owner and Founder of the firm since founding it in 1997. He is a former prosecutor and brings that litigation background to matrimonial matters, including contested fault-based divorce proceedings. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background from George Mason University in accounting and information systems has applied to complex financial and technology-related cases that often arise alongside contested divorce matters, particularly where documentary evidence plays a role in proving a specific statutory ground.
Fault-based divorce matters are handled by Mr. Sris and the firm’s Of Counsel attorneys, who work directly with clients from intake through resolution. The firm does not offer free consultations; individuals interested in discussing a potential fault-based filing can request a scheduled consultation. The firm concentrates in family law, among other civil practice areas, and does not guarantee that any particular ground will be granted or that a case will resolve in a particular way. Before recommending a course of action, Mr. Sris and the firm’s Of Counsel attorneys walk clients through how the evidence in their specific case is likely to be viewed under each potentially applicable ground.
Frequently Asked Questions
Does New York still allow fault-based divorce, or is it all no-fault now?
New York still authorizes both. DRL § 170 contains six fault-based grounds in subdivisions (1) through (6), covering cruelty, abandonment, imprisonment, adultery, and two separation-based grounds, alongside the no-fault ground in subdivision (7). A spouse can choose to plead a fault ground where the facts support it.
What is the difference between the abandonment ground and the two separation grounds?
Abandonment under subdivision (2) applies where one spouse left the other without justification for one year or more. The separation grounds under subdivisions (5) and (6) instead apply where the parties lived apart by mutual arrangement, either under a court separation decree or a written separation agreement, for six months or more, with proof that the terms of that decree or agreement were substantially performed.
How long must a spouse be imprisoned before it qualifies as a fault ground?
Subdivision (3) requires that the defendant have been confined in prison for three or more consecutive years after the marriage. Shorter periods of incarceration do not satisfy this specific ground, though other grounds may still be available depending on the facts.
Do I have to prove adultery in detail to use that ground?
Subdivision (4) requires proof that the defendant voluntarily engaged in the statutorily defined conduct with someone other than the plaintiff after the marriage. Because this ground requires specific proof, an attorney can help evaluate what evidence is available and how it would need to be presented.
Is it better to file for fault-based or no-fault divorce in New York?
There is no single answer that applies to every case. The choice depends on the facts of the marriage, the evidence available, and the client’s goals. An attorney can review the circumstances and explain how a fault-based filing compares to proceeding under the no-fault ground for a specific situation.
Does choosing a fault ground affect property division or support?
Fault is one of several factors a court may consider under the equitable distribution and maintenance statutes in some circumstances, but New York’s equitable distribution framework is primarily governed by a separate set of statutory factors. An attorney can explain how, if at all, fault-based facts may be relevant to the financial aspects of a specific case.
Related Pages
- Divorce Lawyer New York
- Legal Separation Lawyer New York
- Equitable Distribution Lawyer New York
- Enforcement of Foreign Divorce Lawyer New York
- International Divorce Lawyer New York
This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.
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