Fault Based Divorce Lawyer Manhattan

New York gives spouses a choice of grounds when filing for divorce in New York County Supreme Court, including six fault-based grounds set out in DRL §170(1) through (6), alongside the state’s no-fault option. A Manhattan spouse considering a fault-based filing, or responding to one, is asking the court to find that the other spouse’s specific conduct, such as cruelty, abandonment, imprisonment, or adultery, meets the statutory standard for that ground. Choosing whether to plead a fault-based ground, and which one, depends on the specific facts of the marriage and what a client hopes to establish in the case. The Law Offices Of SRIS, P.C., founded in 1997, represents Manhattan clients evaluating and litigating fault-based divorce claims under DRL §170. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C. and a former prosecutor, brings courtroom experience relevant to presenting or responding to evidence of fault-based conduct before a judge. Mr. Sris and the firm’s Of Counsel attorneys review the facts of a client’s marriage against each of the six fault-based grounds, discuss how New York’s no-fault option compares, and help clients decide on a path that fits their circumstances and goals. Whether you are considering a fault-based filing or have been served with one, the firm’s team can review the facts of your case. The firm does not offer free consultations, but clients can request a scheduled consultation to discuss fault-based divorce grounds. Call (888) 437-7747 to speak with the firm.

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What Fault-Based Divorce Means in Manhattan

New York recognizes six fault-based grounds for divorce under DRL §170(1) through (6), each requiring the plaintiff to prove specific conduct by the defendant. The first ground, cruel and inhuman treatment, requires showing conduct that endangers the plaintiff’s physical or mental well-being to a degree that makes continued cohabitation unsafe or improper. The second, abandonment, requires showing that the defendant abandoned the plaintiff for a period of one year or more. The third, imprisonment, requires showing that the defendant was confined in prison for three or more consecutive years after the marriage. The fourth, adultery, requires showing that the defendant voluntarily engaged in specific sexual conduct with someone other than the plaintiff after the marriage, as defined by reference to New York’s Penal Law. The fifth and sixth grounds both involve living apart for six months or more, one pursuant to a decree or judgment of separation and the other pursuant to a written, acknowledged separation agreement or a filed memorandum of one, with proof in either case of substantial performance of the underlying terms. These six fault-based grounds exist alongside a separate, no-fault ground under DRL §170(7), which allows a party to swear that the marriage has broken down irretrievably for six months or more, without needing to prove fault, though judgment on that ground cannot be entered until the case’s economic and custody issues are resolved. A Manhattan spouse is not required to choose a fault-based ground to obtain a divorce, since the no-fault option remains available in every case. That said, some spouses choose to plead, or find themselves defending against, a fault-based ground for reasons specific to their circumstances. Each fault-based ground carries its own factual requirements, and New York County Supreme Court expects the party asserting a fault ground to present evidence supporting the specific statutory standard for that ground, rather than general complaints about the marriage. Understanding which ground, if any, fits the facts of a particular marriage is often one of the first questions a Manhattan spouse and their attorney address when a divorce is fault-based.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Fault-Based Divorce Cases

When a client is considering a fault-based divorce, Mr. Sris and the firm’s Of Counsel attorneys begin by reviewing the facts of the marriage against each of the six fault-based grounds under DRL §170(1) through (6), assessing whether the conduct at issue, whether cruelty, abandonment, imprisonment, adultery, or a qualifying separation, meets the specific statutory standard for that ground. This review also considers whether New York’s no-fault option under DRL §170(7) may better serve the client’s goals, since fault is not required to obtain a divorce in New York. For clients pursuing a fault-based claim, the team works to identify and organize the evidence needed to support it, tailored to the specific ground involved. For clients responding to a fault-based allegation, Mr. Sris and the firm’s Of Counsel attorneys review the claim and help the client understand the available responses under New York law. Mr. Sris brings a former prosecutor’s courtroom background to fault-based matters that may require presenting or challenging evidence before a judge in New York County Supreme Court, and his accounting and information systems background from George Mason University has been applied to cases where financial records are relevant to a fault-based claim, such as evidence connected to a separation agreement. Throughout a fault-based case, the team discusses realistic expectations with clients based on the specific facts and evidence involved, since the firm does not guarantee a particular outcome. Because the choice of ground can affect other aspects of a divorce, Mr. Sris and the firm’s Of Counsel attorneys also consider how a fault-based claim may interact with custody, support, and property division issues in the same case. Clients can request a consultation to discuss which grounds, if any, fit their circumstances.

About the Attorney

Mr. Sris founded the firm in 1997 and serves as its Owner and Founder. As a former prosecutor, he built courtroom experience presenting evidence and legal argument, a skill set relevant to fault-based divorce matters where a party must prove specific conduct under DRL §170. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He studied at George Mason University, where he developed a background in accounting and information systems, later applied to complex financial and technology-related cases, including matters where financial records are relevant to a fault-based claim. Alongside Mr. Sris, the firm’s family law team includes Of Counsel attorneys who contract directly with the firm and assist clients with a range of matrimonial matters throughout Manhattan and the greater New York City area. Mr. Sris and the firm’s Of Counsel attorneys work together to evaluate whether a client’s facts fit one of New York’s fault-based grounds or whether the no-fault option is a better fit, and to represent clients through litigation in New York County Supreme Court when a fault-based claim is pursued or contested. The firm does not offer free consultations. Clients who want to discuss whether their situation involves grounds for a fault-based divorce, or who have been served with a fault-based filing, can request a scheduled consultation with the firm.

Frequently Asked Questions

What are New York’s fault-based grounds for divorce?

DRL §170(1) through (6) set out six fault-based grounds: cruel and inhuman treatment, abandonment for one year or more, imprisonment of the defendant for three or more consecutive years, adultery, living apart for six months or more under a separation judgment, and living apart for six months or more under a written separation agreement, with proof of substantial performance required for the latter two. Each ground has its own specific requirements that the party asserting it must satisfy. New York also offers a separate no-fault ground under DRL §170(7) for parties who prefer not to plead fault.

Do I have to use a fault-based ground to get divorced?

No. New York’s no-fault ground under DRL §170(7) allows a party to swear that the marriage has broken down irretrievably for six months or more, without proving fault by either spouse, though the court cannot enter judgment on that ground until the economic and custody issues in the case are resolved. Fault-based grounds under DRL §170(1) through (6) remain available as an alternative, and some spouses choose to plead one for reasons specific to their case, but no spouse is required to prove fault to obtain a divorce in New York.

How is adultery defined under New York’s fault-based grounds?

Adultery as a ground for divorce under DRL §170(4) requires proof that the defendant voluntarily engaged in specific sexual conduct with someone other than the plaintiff after the marriage. New York’s Domestic Relations Law defines the relevant conduct by cross-reference to definitions found in the state’s Penal Law. Because adultery requires proof of specific conduct, cases pleading this ground often involve particular evidentiary challenges. Mr. Sris and the firm’s Of Counsel attorneys can discuss what proving or responding to an adultery claim may involve in your specific case.

What does abandonment mean as a ground for divorce?

Abandonment under DRL §170(2) requires showing that the defendant abandoned the plaintiff for a period of one year or more. This ground focuses on one spouse’s departure from the marriage without the other spouse’s consent and without justification, continuing for the statutory period. Evaluating whether a specific set of facts meets this standard depends on the circumstances of the separation. Mr. Sris and the firm’s Of Counsel attorneys can review the facts of your situation to discuss whether abandonment may apply to your case.

Can I respond to a fault-based divorce filed against me?

Yes. If your spouse has filed for divorce on a fault-based ground, you have the opportunity to respond to the allegations as the case proceeds through New York County Supreme Court. Depending on the ground alleged and the facts involved, there may be several ways to respond to the claim. Mr. Sris and the firm’s Of Counsel attorneys can review the specific allegations against you and discuss your options under New York law and the facts of your marriage.

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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