Adultery Divorce Lawyer in Manhattan

New York law recognizes seven grounds for divorce, and adultery under Domestic Relations Law §170(4) remains one of six fault-based grounds available to a spouse filing in Manhattan. A spouse who elects to pursue a divorce on adultery grounds in New York County Supreme Court must address a specific statutory definition rather than a general understanding of infidelity. DRL §170(4) defines adultery, for purposes of the divorce statute, as vaginal sexual contact, oral sexual contact, or anal sexual contact voluntarily performed by the defendant spouse with a person other than the plaintiff after the marriage, cross-referencing definitions found in the New York Penal Law. Because the statute sets out a precise definition, a spouse considering this ground should understand what the law requires before deciding how to proceed. New York’s six other grounds, covering cruelty, abandonment, imprisonment, a separation judgment, a separation agreement, and the no-fault ground of irretrievable breakdown, remain available as alternatives depending on the facts of the marriage. Choosing among these grounds affects how a Manhattan divorce case is framed from the outset. Mr. Sris and the firm’s Of Counsel attorneys assist spouses in New York County in evaluating whether an adultery-based filing fits their circumstances or whether another of the seven statutory grounds is more appropriate. To discuss a Manhattan divorce matter involving adultery with the firm, call (888) 437-7747.

What an Adultery Divorce Means in Manhattan

Domestic Relations Law §170(4) allows a spouse to obtain a divorce in New York on the ground of adultery. The statute’s definition is specific: for purposes of the divorce statute, adultery means vaginal sexual contact, oral sexual contact, or anal sexual contact voluntarily engaged in by the defendant spouse with someone other than the plaintiff spouse, occurring after the marriage. This definition cross-references Penal Law §130.00(2) and §130.20(4), which define the specific forms of sexual contact covered by the statute. A general belief that a spouse has been unfaithful does not, by itself, satisfy this statutory definition; the conduct alleged must fall within the specific contact described in the cross-referenced Penal Law sections.

Adultery is one of six fault-based grounds for divorce set out in DRL §170(1) through (6), which also include cruelty, abandonment for one year or more, imprisonment for three or more consecutive years, a separation judgment in effect for six months or more, and a written separation agreement in effect for six months or more. New York also recognizes a seventh, no-fault ground under DRL §170(7), which allows a divorce based on an irretrievable breakdown of the marriage for six months or more, sworn to by one party, though the judgment of divorce is barred from entering until the parties’ ancillary economic and custody issues are resolved. All seven grounds remain currently available to spouses filing in New York County.

A spouse weighing an adultery filing in Manhattan should understand that the ground carries its own statutory definition and that alternative grounds, including the no-fault ground, may apply to the same set of facts. New York County Supreme Court, part of the First Judicial District, hears divorce filings under any of the seven grounds. Because the choice of ground can shape how a case unfolds, reviewing the statutory definition against the specific facts of the marriage is an important early step.

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

Mr. Sris and the firm’s Of Counsel attorneys begin an adultery-based divorce matter by reviewing the facts against the specific definition in DRL §170(4), which cross-references Penal Law §130.00(2) and §130.20(4). Because the statute defines adultery narrowly, in terms of specific forms of sexual contact, the attorneys evaluate whether the available facts fit within that definition or whether the matter is better pursued under a different one of New York’s seven statutory grounds.

Many Manhattan spouses initially describe their situation in terms of general infidelity without knowing whether the facts meet the statutory definition used in a New York County Supreme Court filing. Mr. Sris and the firm’s Of Counsel attorneys walk through this distinction with each client, explaining how DRL §170(4) differs from the six other grounds available under DRL §170(1) through (3) and (5) through (7), including the no-fault ground under §170(7).

Because the choice of divorce ground can affect how a case is filed and litigated, Mr. Sris and the firm’s Of Counsel attorneys discuss the practical considerations that come with pleading adultery specifically, as opposed to proceeding under the no-fault ground or another fault-based ground available on the same facts. The attorneys assist Manhattan clients in deciding which ground, or combination of grounds, aligns with the goals of their case, and in preparing filings for New York County Supreme Court that reflect the statutory language of DRL §170. Each matter is evaluated on its own facts, and the firm does not guarantee a particular outcome or the success of any specific ground alleged in a divorce filing.

About the Attorney

Mr. Sris, Owner and Founder of the firm, 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. His background in accounting and information systems from George Mason University is a foundation he has applied to complex financial and technology-related cases throughout his career, which is often relevant when a Manhattan divorce involves disputed facts and evidentiary questions.

Mr. Sris and the firm’s Of Counsel attorneys handle divorce matters filed under each of New York’s seven statutory grounds, including adultery under DRL §170(4) and the no-fault ground under DRL §170(7). The attorneys review the facts of each case individually to help a Manhattan client understand which ground the case supports and how New York County Supreme Court is likely to treat the specific grounds alleged.

The firm does not offer free consultations. A prospective client may request a scheduled consultation to discuss a divorce matter, including questions about which statutory ground fits the facts of the marriage. Case outcomes depend on the specific facts of each matter, and the firm does not guarantee a particular result. Clients considering an adultery-based or other fault-based divorce filing in Manhattan can reach the firm to review their options under New York law.

Frequently Asked Questions

What does New York law require to prove adultery in a divorce?

DRL §170(4) defines adultery, for purposes of divorce, as vaginal sexual contact, oral sexual contact, or anal sexual contact voluntarily performed by the defendant spouse with a person other than the plaintiff after the marriage. This definition cross-references Penal Law §130.00(2) and §130.20(4), which describe the specific forms of contact covered. A general suspicion or belief of infidelity does not by itself satisfy this definition. The statute does not address, and this page does not describe, the evidence or proof procedures used in a New York County Supreme Court proceeding, since no such provision appears in the sections cited here.

Is adultery the only ground for divorce in New York?

No. New York recognizes seven grounds for divorce under Domestic Relations Law §170. Six are fault-based: cruelty, abandonment for one year or more, imprisonment for three or more consecutive years, adultery, a separation judgment in effect for six months or more, and a separation agreement in effect for six months or more. The seventh is the no-fault ground under §170(7), based on an irretrievable breakdown of the marriage for six months or more, sworn to by one party, though the divorce judgment cannot enter until the parties’ economic and custody issues are resolved. All seven grounds remain valid and available.

Can a spouse choose the no-fault ground instead of alleging adultery?

Yes. New York’s no-fault ground under DRL §170(7) allows a spouse to obtain a divorce based on an irretrievable breakdown of the marriage lasting six months or more, without alleging fault-based conduct such as adultery. A spouse who could allege adultery under DRL §170(4) is not required to do so and may instead proceed under the no-fault ground. Mr. Sris and the firm’s Of Counsel attorneys discuss with each client which ground, or combination of grounds, best fits the facts and goals of the case before a matter is filed with New York County Supreme Court.

Does alleging adultery affect other parts of a Manhattan divorce?

This page does not address how the ground alleged in a divorce filing affects other aspects of a case, because no statute in the scope of this page provides that information. What can be said is that DRL §170 sets out seven distinct grounds, including adultery under §170(4), and that a spouse’s choice of ground is a threshold decision made at the outset of filing with New York County Supreme Court. Mr. Sris and the firm’s Of Counsel attorneys review each client’s specific facts and goals when discussing which ground to plead.

Does the firm offer a free consultation for adultery divorce cases?

The firm does not offer free consultations. A prospective client can request a scheduled consultation to discuss a divorce matter, including which of New York’s seven statutory grounds under DRL §170 may fit the facts of a marriage. Scheduling a consultation allows Mr. Sris and the firm’s Of Counsel attorneys to review the relevant facts, discuss the difference between the fault-based grounds and the no-fault ground, and explain what a Manhattan filing in New York County Supreme Court would involve before any documents are prepared.

Related Pages

• Fault-Based Divorce Lawyer Manhattan
• Cruelty Divorce Lawyer Manhattan
• Contested Divorce Lawyer Manhattan
• Legal Separation Lawyer Manhattan

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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