Adultery Divorce Lawyer Suffolk County

Adultery is one of the fault-based grounds for divorce recognized under New York law, and proving it requires evidence that meets a specific statutory definition. Law Offices Of SRIS, P.C. represents clients in Suffolk County who are considering, or responding to, a divorce action that raises adultery as a ground. Unlike New York’s no-fault ground, an adultery-based divorce requires the plaintiff to prove the statutory elements in court rather than simply assert them. This page summarizes the relevant provisions of New York Domestic Relations Law Section 170 and explains how an adultery ground differs from a no-fault filing. Prospective clients may request a scheduled consultation by calling (888) 437-7747; the firm does not offer free consultations.

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Adultery as a Ground for Divorce Under DRL § 170(4)

New York Domestic Relations Law Section 170 enumerates seven grounds on which a divorce may be granted. The fourth of these, commonly referred to as adultery, is the commission of an act of adultery by the defendant. For purposes of the statute, adultery is defined, with reference to Penal Law Section 130.00(2) and Section 130.20(4), as vaginal, oral, or anal sexual contact voluntarily performed by the defendant with a person other than the plaintiff after the marriage. Because adultery is a fault-based ground, the plaintiff bears the burden of proving the statutory elements to the court; it is not simply asserted in the pleadings. Evidentiary and witness issues in an adultery case can be sensitive, and the specific facts of each marriage affect how the ground is proven. A contested matter raising adultery as a ground would typically be filed in Suffolk County Supreme Court, located at 1 Court Street, Riverhead, NY 11901, within the 10th Judicial District.

How Adultery Differs From New York’s No-Fault Ground

New York also allows a divorce to proceed on a no-fault basis under Domestic Relations Law Section 170(7), commonly referred to as irretrievable breakdown. That ground requires only that one party swear under oath that the marriage has broken down irretrievably for a period of at least six months; it does not require proof of fault such as adultery. However, no judgment of divorce may be entered under Section 170(7) until the economic issues and any custody issues in the case have been resolved, whether by agreement of the parties or by decision of the court. Choosing between a fault-based ground such as adultery and the no-fault ground can affect how a case is litigated, including what evidence is gathered and presented, and that decision depends on the facts and objectives particular to each case. Clients in Suffolk County weighing this choice often want to understand both pathways before a summons is filed.

What This Means for a Suffolk County Case

Because adultery is a fault ground rather than a status the court presumes, a client considering an adultery-based filing should expect the case to involve building a factual record, not merely alleging a change in the parties’ relationship. The plaintiff must be prepared to establish the statutory elements described in Section 170(4) to the court’s satisfaction, which can affect the timeline and complexity of the proceeding compared with a no-fault filing under Section 170(7). At the same time, a client who prefers to avoid litigating fault can consider whether the no-fault ground is available on the facts of the marriage, since irretrievable breakdown does not require proof of an act of adultery or any other fault-based conduct. Discussing both options with counsel before a summons is filed can help clarify which ground, or combination of grounds, fits the circumstances of a particular Suffolk County case.

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. He is admitted to practice 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-disclosure and evidentiary issues that can arise in a fault-based divorce.

Mr. Sris and the firm’s Of Counsel attorneys represent clients in adultery-based divorce matters, though the firm does not maintain a physical location in Suffolk County; consultations are by appointment. The firm does not offer free consultations, and its intake line is staffed 24/7 to schedule a consultation. The outcome of any divorce case depends on the facts and evidence presented to the court, and the firm does not guarantee any particular outcome.

Frequently Asked Questions

What is the legal definition of adultery under New York divorce law?

Under New York Domestic Relations Law Section 170(4), adultery is the commission of an act of adultery by the defendant, defined with reference to Penal Law Section 130.00(2) and Section 130.20(4) as vaginal, oral, or anal sexual contact voluntarily performed by the defendant with someone other than the plaintiff after the marriage.

Is adultery a no-fault ground for divorce in New York?

No. Adultery is a fault-based ground under Section 170(4). It is distinct from the no-fault ground in Section 170(7), which allows a divorce based on a sworn statement that the marriage has broken down irretrievably for at least six months.

Does a party alleging adultery have to prove it in court?

Yes. Because adultery is a fault-based ground, the party alleging it bears the burden of proving the statutory elements to the court.

Where would a contested divorce be filed in Suffolk County?

A contested matter would typically be filed in Suffolk County Supreme Court, located at 1 Court Street, Riverhead, NY 11901, within the 10th Judicial District.

Can a no-fault divorce be finalized before financial issues are resolved?

No. Under Section 170(7), no judgment of divorce may be entered until the economic issues and any custody issues in the case have been resolved.

Does Law Offices Of SRIS, P.C. have an office in Suffolk County?

No. The firm does not maintain a physical location in Suffolk County. Consultations are by appointment, and prospective clients may call (888) 437-7747 to schedule a consultation.

Does the firm offer free consultations?

No. The firm does not offer free consultations. Prospective clients may request a scheduled consultation by calling (888) 437-7747.

Does choosing adultery as a ground guarantee a particular result in a divorce case?

No. The outcome of any divorce case depends on the facts and evidence presented, and the firm does not guarantee any particular outcome.

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.

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