Fault Based Divorce Lawyer Staten Island

New York’s divorce statute lists several grounds a spouse can plead, six of which involve a form of fault and one of which requires no showing of fault at all. Staten Island spouses deciding how to frame a divorce complaint often want to know what each fault ground actually requires and whether pleading fault changes the outcome of the case. Law Offices Of SRIS, P.C. discusses the available grounds with clients and helps evaluate whether a fault-based approach fits their situation and evidence. A contested Staten Island matter would typically be filed in Richmond County Supreme Court, 18 Richmond Terrace, Staten Island, NY 10301, within the 13th Judicial District. Call (888) 437-7747 to request a scheduled consultation.

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The Six Fault-Based Grounds Under § 170

Domestic Relations Law § 170 lists cruel and inhuman treatment that endangers the plaintiff’s physical or mental well-being, abandonment of the plaintiff for a year or more, confinement of the defendant in prison for three or more consecutive years after the marriage, commission of adultery as defined by cross-reference to the Penal Law, living apart for six months or more under a decree or judgment of separation with proof of substantial performance, and living apart for six months or more under a written, acknowledged separation agreement with proof of substantial performance. Each of these grounds requires the pleading spouse to establish specific facts tied to the other spouse’s conduct or the parties’ living arrangements, which is different from the no-fault ground. Abandonment, for example, generally requires showing that the defendant left the marital residence, or refused to resume the marital relationship, for at least a year without the plaintiff’s consent and without justification, while the imprisonment ground requires documenting three or more consecutive years of confinement occurring after the marriage. Each fault ground therefore carries its own factual proof requirements, and the firm reviews the specific timeline and documentation available before recommending one over another.

Why Some Spouses Still Choose a Fault Ground

Domestic Relations Law § 170(7), the no-fault ground, allows a divorce based on a sworn statement that the marriage has broken down irretrievably for at least six months, without requiring proof of any specific conduct, though a judgment cannot be entered under this subdivision until the economic and custody issues in the case are resolved. Because the no-fault ground is generally simpler to establish, many New York divorces proceed on that basis. Some spouses nonetheless have reasons connected to their specific facts or documentation for pleading a fault ground instead. Equitable distribution of marital property under § 236(B)(5) does not list marital fault generally as one of its sixteen factors, though related conduct such as wasteful dissipation of assets or domestic violence can be relevant under specific factors within that list. The firm reviews the available evidence and a client’s goals before recommending which ground, or combination of approaches, fits a particular case. Because each fault ground requires its own specific proof, ranging from documentation of abandonment or imprisonment to evidence supporting a cruelty or adultery allegation, the firm looks closely at what evidence is realistically available before recommending a particular ground over the more straightforward no-fault option. That evaluation is done together with a broader discussion of the client’s goals for the property, support, and custody portions of the case. Because pleading the wrong ground can create unnecessary delay, the firm also discusses realistic timing expectations for each option before a final decision is made.

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

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997. He is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris attended George Mason University, where he developed a background in accounting and information systems that he applies to the financial issues that can arise alongside a fault-based divorce claim. The firm’s Of Counsel attorneys assist with New York family law matters as part of the firm’s broader practice.

The firm’s principal office is located at 4008 Williamsburg Court, Fairfax, VA 22032, by appointment. The firm does not maintain a physical location in Staten Island, and it does not offer free consultations; individuals may request a scheduled consultation by calling (888) 437-7747. The firm’s intake line is staffed 24/7. The firm does not guarantee any particular outcome in any matter, and results depend on the facts and circumstances specific to each case.

Frequently Asked Questions

How many fault-based grounds does New York recognize?

Domestic Relations Law § 170 lists six grounds involving fault or specific circumstances: cruel and inhuman treatment, abandonment, imprisonment, adultery, and two separation-based grounds tied to a decree or a written agreement.

What is the difference between fault-based and no-fault divorce?

A fault-based ground under § 170(1)-(6) requires proof of specific conduct or circumstances. The no-fault ground under § 170(7) requires only a sworn statement that the marriage has broken down irretrievably for at least six months.

Does pleading fault change how property is divided?

Marital fault is generally not itself one of the sixteen equitable distribution factors under § 236(B)(5), although related conduct, such as wasteful dissipation of marital assets, can be relevant under a specific factor.

Can I get divorced without proving my spouse did anything wrong?

Yes. The no-fault ground under § 170(7) does not require proving fault, though the statute requires that economic and custody issues be resolved before a judgment can be entered under that ground.

Why would someone still choose a fault ground?

Reasons vary by case and depend on the specific facts and documentation available; the firm discusses the practical considerations of each available ground with clients individually.

Where is a contested fault-based divorce filed for a Staten Island resident?

Typically in Richmond County Supreme Court, 18 Richmond Terrace, Staten Island, NY 10301, within the 13th Judicial District, which handles matrimonial actions for Richmond County.

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.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

Attorney advertising. Prior results do not guarantee a similar outcome.