Adultery Divorce Lawyer Brooklyn

New York recognizes adultery as one of several fault-based grounds for divorce, and Brooklyn spouses who believe this ground applies to their marriage often have questions about how it must be proven and what pursuing it changes about their case. An adultery-based divorce filed in Kings County proceeds under the same Domestic Relations Law that governs every fault ground, but adultery carries a statutory definition of its own that a filing spouse must be prepared to address. Law Offices Of SRIS, P.C. represents spouses filing for divorce on the adultery ground, and spouses defending against that allegation, in Kings County Supreme Court.

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is individually admitted to practice law in New York, Virginia, Maryland, the District of Columbia, and New Jersey, and the firm’s Of Counsel attorneys assist with Brooklyn adultery-ground filings alongside him. Because adultery is a fault ground, choosing to plead it rather than New York’s no-fault ground under DRL § 170(7) is a decision with its own proof requirements and its own considerations for how the case will unfold. The firm reviews the available evidence, discusses whether the adultery ground or another available ground fits the facts, and prepares the pleadings Kings County courts expect. The firm does not offer free consultations, and a consultation can be scheduled by phone. The firm’s intake line is staffed 24/7 at (888) 437-7747.

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What Adultery Divorce Means in Brooklyn

Adultery is one of the seven grounds for divorce set out in N.Y. Dom. Rel. Law § 170, which allows a husband or wife to bring an action for divorce on any of the grounds enumerated in the statute. Ground (4) authorizes divorce based on the commission of an act of adultery. The statute does not leave that term undefined: for purposes of Articles 10, 11, and 11-A, adultery is statutorily defined as vaginal sexual contact, oral sexual contact, or anal sexual contact voluntarily performed by the defendant with someone other than the plaintiff after the marriage, with the statute cross-referencing the Penal Law’s definitions of those terms.

Because adultery is a fault ground, a spouse pleading it in Kings County Supreme Court takes on a proof burden that New York’s no-fault ground under DRL § 170(7) does not require. The no-fault ground allows a divorce to proceed on one party’s sworn statement that the marriage has broken down irretrievably for at least six months, without any showing of misconduct, though a judgment cannot be entered under that ground until the case’s economic and custody issues are resolved. A spouse choosing to plead adultery instead is generally doing so for a specific reason tied to the facts of the marriage, and that decision should be made with a clear understanding of what the ground requires to prove.

Brooklyn spouses considering an adultery filing should also understand that New York’s other six fault and no-fault grounds under DRL § 170 remain available in the same case, and a divorce complaint is not limited to a single ground. Evidence in an adultery case can take many forms, and Kings County courts evaluate whatever admissible proof is presented in the context of the case as a whole; the firm does not guarantee any particular evidentiary outcome and evaluates each set of facts on its own terms. Matters proceed in Kings County Supreme Court, part of New York’s 2nd Judicial District, whether the case ultimately rests on the adultery ground, another fault ground, or the no-fault ground.

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

When a Brooklyn client is considering or facing an adultery-based divorce filing, Mr. Sris and the firm’s Of Counsel attorneys begin by reviewing the facts against the statutory definition in DRL § 170(4) and comparing that ground to the other six grounds available under DRL § 170, including the no-fault ground in § 170(7). That comparison matters because the choice of ground affects what must be pleaded, what evidence becomes relevant, and how the case is likely to proceed through Kings County Supreme Court.

For a client filing on the adultery ground, the firm works through what evidence is available and how it holds up under the statutory definition, which requires specific conduct as defined by cross-reference to the Penal Law. For a client defending against an adultery allegation, the firm reviews the pleading for whether it meets that statutory standard and evaluates the available responses.

Because a divorce complaint can plead adultery alongside other grounds, or in the alternative, Mr. Sris and the firm’s Of Counsel attorneys also assess whether pursuing the no-fault ground, or a different fault ground such as cruelty or abandonment, better serves the client’s objectives given the underlying facts. The firm coordinates the drafting of pleadings, discovery related to the adultery allegation where applicable, and appearances in Kings County Supreme Court, keeping the client informed as the case moves forward.

Throughout the matter, the firm discusses the practical and strategic implications of pleading a fault ground rather than the no-fault ground, without promising a particular outcome from that choice, since the result in any contested matter depends on the specific facts and evidence presented to the court.

Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris has served as Owner and Founder of Law Offices Of SRIS, P.C. since founding the firm in 1997. His background as a former prosecutor shapes how he approaches contested divorce matters, including cases where one spouse disputes a fault-based allegation such as adultery. He is individually admitted to practice law in New York, Virginia, Maryland, the District of Columbia, and New Jersey, and that New York admission covers the Brooklyn divorce matters the firm handles in Kings County Supreme Court. Mr. Sris’s background in accounting and information systems from George Mason University informs how the firm approaches the financial disclosure and asset-related issues that often accompany a fault-based divorce filing.

The firm’s Of Counsel attorneys contract directly with Law Offices Of SRIS, P.C. and work with Mr. Sris on Brooklyn divorce matters, including cases proceeding on the adultery ground. Collectively, Mr. Sris and the firm’s Of Counsel attorneys divide responsibility for pleading preparation, evidence review, and court appearances so each Brooklyn client has consistent attention through the life of the case. The firm’s principal office is in Fairfax, Virginia, and Brooklyn clients are served by appointment. The firm does not offer free consultations; prospective clients can call (888) 437-7747 to schedule a consultation, and the intake line is staffed 24/7.

Frequently Asked Questions

What counts as adultery under New York divorce law?

N.Y. Dom. Rel. Law § 170(4) defines adultery, for purposes of the relevant articles, as vaginal sexual contact, oral sexual contact, or anal sexual contact voluntarily performed by the defendant with someone other than the plaintiff after the marriage, with the statute cross-referencing the Penal Law’s definitions of those terms. The ground requires proof of specific conduct rather than general suspicion.

Do I have to prove adultery to get divorced in Brooklyn?

No. New York also allows a no-fault divorce under DRL § 170(7) based on one party’s sworn statement that the marriage has broken down irretrievably for at least six months. That ground requires no showing of misconduct, though the divorce judgment cannot be entered until the case’s economic and custody issues are resolved.

Can adultery be pleaded together with other grounds for divorce?

Yes. A New York divorce complaint is not limited to a single ground, and a spouse may plead adultery under DRL § 170(4) alongside or as an alternative to any of the other grounds set out in DRL § 170, including cruelty, abandonment, or the no-fault ground.

What happens if my spouse denies the adultery allegation?

A denial makes the ground contested, meaning the filing spouse must present admissible evidence supporting the statutory definition in DRL § 170(4) for the court to grant a divorce on that basis. The firm reviews the available evidence and discusses whether the adultery ground remains the best approach or whether another ground under DRL § 170 should be pursued instead.

Where is an adultery-ground divorce filed for a Brooklyn resident?

Divorce actions for Brooklyn residents, including those pleading the adultery ground under DRL § 170(4), are heard in Kings County Supreme Court, part of New York’s 2nd Judicial District, located at 360 Adams Street, Brooklyn, NY 11201.

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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