Fault Based Divorce Lawyer Bronx County

Although New York allows a divorce without proving fault, the state’s Domestic Relations Law still recognizes six separate fault-based grounds a spouse may choose to plead, and many Bronx County spouses want to know why a fault ground might matter even though a no-fault option exists. DRL §170 lists all seven grounds together, and subdivisions (1) through (6) cover the six fault-based options: cruel and inhuman treatment, abandonment, imprisonment of the defendant, adultery, living apart under a separation judgment, and living apart under a separation agreement. Each of these grounds has its own specific statutory requirements, and choosing among them, or choosing the no-fault ground instead, depends on the facts of the marriage and the client’s goals for the case. Mr. Sris and the firm’s Of Counsel attorneys represent Bronx County spouses evaluating and pursuing fault-based divorce actions, as well as spouses responding to a fault-based allegation. The firm concentrates in New York matrimonial law and reviews each client’s situation against all six fault grounds, along with the no-fault alternative, before recommending an approach. The firm does not offer free consultations, and the intake line is staffed 24/7. To discuss a fault-based divorce in Bronx County, call (888) 437-7747.

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What Fault-Based Divorce Means in Bronx County

DRL §170(1) permits a divorce where the defendant’s cruel and inhuman treatment endangers the plaintiff’s physical or mental well-being such that continued cohabitation is unsafe or improper. DRL §170(2) permits a divorce based on abandonment of the plaintiff by the defendant for one year or more. DRL §170(3) permits a divorce where the defendant has been confined in prison for three or more consecutive years after the marriage. DRL §170(4) permits a divorce based on the commission of an act of adultery, statutorily defined as vaginal, oral, or anal sexual contact voluntarily performed by the defendant with someone other than the plaintiff after the marriage, cross-referencing Penal Law §130.00(2) and §130.20(4). DRL §170(5) permits a divorce where the parties have lived apart for six months or more pursuant to a decree or judgment of separation, with proof of substantial performance of its terms. DRL §170(6) permits a divorce where the parties have lived apart for six months or more pursuant to a written, acknowledged separation agreement, or a filed memorandum of one, again with proof of substantial performance.

These six fault grounds sit alongside the no-fault ground in DRL §170(7), which allows a divorce where the marriage has broken down irretrievably for at least six months, sworn to by one party, though that ground cannot itself produce a judgment until the case’s economic and custody issues are resolved. A Bronx County spouse choosing among these seven grounds is making both a legal and a practical decision: a fault ground requires proving specific conduct or circumstances, while the no-fault ground requires only the sworn statement plus resolution of the ancillary issues. Some spouses plead a fault ground and the no-fault ground together, in the alternative, to preserve options as the case develops. Whichever ground or grounds are pleaded, the action proceeds through the New York State trial courts in Bronx County, and the same equitable distribution, maintenance, and custody framework generally applies regardless of which ground ultimately supports the judgment.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle These Cases

When a Bronx County client is deciding how to plead a divorce, Mr. Sris and the firm’s Of Counsel attorneys walk through the six fault grounds under DRL §170(1) through (6) and the no-fault ground under DRL §170(7) against the specific facts of the marriage, identifying which grounds the facts realistically support and which do not fit. This evaluation considers not just whether a ground can technically be proven, but what pleading a particular ground, or combination of grounds, is likely to mean for how the rest of the case unfolds.

The firm then represents clients through filing, negotiation, and, where necessary, litigation of the divorce action in the New York State trial courts in Bronx County, coordinating whichever ground is pursued with the resolution of equitable distribution, maintenance, and, where children are involved, custody and child support. Because a fault-based case can involve proving specific facts, such as a pattern of conduct or a period of abandonment, the firm works with clients to build the factual record each ground requires. Mr. Sris and the firm’s Of Counsel attorneys concentrate in New York matrimonial law and bring that focus to fault-based divorce matters across all six statutory grounds. The firm does not guarantee any particular outcome in a contested case, and results depend on the specific facts and evidence presented. Clients can call the firm’s 24/7 intake line to schedule a consultation about a fault-based divorce in Bronx County.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and is a former prosecutor admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background as a former prosecutor is directly relevant to fault-based divorce matters, which often require building and presenting a clear factual record to support a specific statutory ground. Mr. Sris practices in New York matrimonial law, including fault-based divorce actions under all six subdivisions of DRL §170.

Mr. Sris and the firm’s Of Counsel attorneys contract directly with the firm and concentrate in family law and matrimonial litigation, including fault-based and no-fault divorce actions alike. Together, they bring a combined focus to Bronx County fault-based cases: careful matching of the facts to the correct statutory ground and disciplined preparation of the evidence each ground requires. The firm does not offer free consultations, and consultations are scheduled by appointment. Call (888) 437-7747, where intake is available 24/7, to schedule a consultation about a fault-based divorce in Bronx County.

Frequently Asked Questions

What are the six fault-based grounds for divorce in New York?

DRL §170(1) through (6) list cruel and inhuman treatment, abandonment for one year or more, imprisonment of the defendant for three or more consecutive years, adultery as statutorily defined, living apart six months or more under a separation judgment, and living apart six months or more under a separation agreement.

Why would someone choose a fault ground instead of the no-fault ground?

Reasons vary by client and case. Some spouses prefer a fault ground because it reflects the specific circumstances of the marriage, while others prefer the no-fault ground under DRL §170(7) because it does not require proving specific conduct.

Can I plead more than one ground in my divorce case?

New York practice generally allows a plaintiff to plead multiple grounds under DRL §170 in the same action, including in the alternative, and the firm evaluates which grounds the facts of a specific case may support.

Does abandonment require the abandoning spouse to be gone for a specific length of time?

Yes. DRL §170(2) requires abandonment of the plaintiff by the defendant for a period of one year or more before it can support a divorce action on that ground.

Does the imprisonment ground require a specific length of confinement?

Yes. DRL §170(3) requires confinement of the defendant in prison for three or more consecutive years after the marriage.

Where is a fault-based divorce filed for a Bronx County resident?

A fault-based divorce, like any DRL §170 action, is filed and litigated in the New York State trial courts in Bronx County for residents who meet the applicable filing requirements.

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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