Fault Based Divorce Lawyer Suffolk County

New York law recognizes both fault-based and no-fault grounds for divorce, and the choice of ground can matter for reasons beyond simply describing what happened in the marriage. Spouses in Suffolk County sometimes come to Law Offices Of SRIS, P.C. already knowing they want to proceed on a specific fault ground, often because an existing separation agreement or decree already establishes many of the relevant facts. Others are simply trying to understand what New York’s fault grounds actually require before deciding how to proceed. The firm reviews the facts of each matter against the seven grounds set out in N.Y. Dom. Rel. Law § 170 to help clients understand which grounds may be available. Because proving a fault ground requires specific facts and evidence, an early, honest assessment of the circumstances is usually the most useful starting point. Call (888) 437-7747 to schedule a consultation to discuss the facts of your situation.

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The Six Fault-Based Grounds Under N.Y. Dom. Rel. Law § 170

Section 170 of New York’s Domestic Relations Law sets out seven grounds for divorce, six of which are fault-based. The first is cruel and inhuman treatment, meaning conduct by the defendant that endangers the plaintiff’s physical or mental well-being to a degree that makes it unsafe or improper to continue living together. The second is abandonment, meaning the defendant abandoned the plaintiff for a period of one year or more. The third is confinement of the defendant in prison for three or more consecutive years after the marriage. The fourth is adultery, which the statute defines specifically and which cross-references conduct described in Penal Law § 130.00(2) and § 130.20(4). The fifth and sixth grounds both involve living separate and apart for six months or more, one following a formal separation decree or judgment, and the other following a written separation agreement that has been acknowledged in the manner required for recording a deed, with proof in either case of substantial performance of its terms. Each of these six grounds requires specific facts, and the evidence needed to prove one ground can look very different from the evidence needed to prove another.

Comparing Fault Grounds to New York’s No-Fault Ground

New York also allows a divorce to proceed on a no-fault basis under the seventh ground in § 170, which permits a party to swear that the marriage has broken down irretrievably for a period of at least six months. Even on a no-fault filing, however, a judgment of divorce cannot be entered until the economic issues and any custody or support issues in the case have been resolved, either by agreement or by the court. Some spouses in Suffolk County still choose to proceed on a fault-based ground rather than the no-fault ground. This sometimes happens because an existing separation agreement or judicial separation decree already establishes the facts needed for one of the separation-based grounds, meaning much of the factual groundwork is already in place. In other cases, a spouse believes the facts of the marriage are better described by a specific fault ground, such as abandonment or cruel and inhuman treatment. Choosing a ground is a fact-specific decision, and the firm works with clients to evaluate which of the seven grounds fits the facts of the case, without assuming that any one ground offers an automatic advantage. A contested fault-based matter arising in Suffolk County would typically be filed in Suffolk County Supreme Court, located at 1 Court Street, Riverhead, NY 11901, within the 10th Judicial District.

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 cases involving the financial records relevant to separation agreements and fault-based grounds.

Mr. Sris and the firm’s Of Counsel attorneys represent clients throughout the Suffolk County area in fault-based and no-fault divorce matters, though the firm does not maintain a physical location in Suffolk County and meets with clients from the area by appointment. The firm does not offer free consultations; prospective clients may request a scheduled consultation by calling (888) 437-7747. The firm’s intake line is staffed 24/7. Because the outcome of any divorce matter depends on the specific facts and evidence involved, the firm does not guarantee any particular outcome in any matter.

Frequently Asked Questions

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

N.Y. Dom. Rel. Law § 170 lists 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, and two grounds involving six months or more of separation following either a separation decree or a written separation agreement, each requiring proof of substantial performance.

What is the difference between a fault-based ground and the no-fault ground?

The no-fault ground under § 170(7) allows a party to swear the marriage has broken down irretrievably for at least six months, without proving specific misconduct. Fault-based grounds require proof of specific conduct, such as abandonment or cruel and inhuman treatment.

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

A party may choose a fault ground when an existing separation agreement or separation decree already establishes the facts needed for that ground, or when the party believes a specific fault ground more accurately describes what happened in the marriage.

Can a divorce be finalized immediately after filing on the no-fault ground?

No. Even on a no-fault filing under § 170(7), a judgment of divorce cannot be entered until the economic issues and any custody or support issues in the case are resolved, either by agreement or by the court.

How is adultery defined under New York law?

Adultery is statutorily defined under § 170(4) and cross-references conduct described in Penal Law § 130.00(2) and § 130.20(4). Proving this ground requires specific evidence of the conduct alleged.

Where would a contested fault-based 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.

Does choosing a fault ground guarantee a better result in the divorce?

No. The firm does not guarantee any particular outcome. The ground chosen affects what must be proven, but the ultimate resolution of the case depends on the facts and evidence presented.

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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