Adultery Divorce Lawyer Nassau County

A spouse in Nassau County who is considering a divorce filing based on adultery is usually weighing that option against New York’s no-fault ground, and the choice between the two is rarely automatic. New York law recognizes adultery as one of several specific grounds for divorce, but it is defined narrowly, and proving it in a contested case is not the same as simply alleging it. Law Offices Of SRIS, P.C. advises Nassau County clients on how the adultery ground is defined under New York law, what a no-fault filing would instead require, and how that choice can affect the overall course of a case. Some clients want the adultery ground on the record for personal reasons, while others prefer the more predictable no-fault path once they understand the practical differences. Call (888) 437-7747 to request a scheduled consultation and discuss which approach may fit your circumstances.

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Adultery as a Ground for Divorce Under New York Law

New York Domestic Relations Law § 170 sets out seven separate grounds on which a spouse may seek a divorce, and § 170(4) is the adultery ground specifically. For purposes of Articles 10, 11, and 11-A, the statute’s own text defines the conduct covered by this ground as vaginal sexual contact, oral sexual contact, or anal sexual contact voluntarily engaged in by the defendant with a person other than the plaintiff, occurring after the marriage. Because the statute defines the covered conduct narrowly and ties it to this specific definitional language, a party seeking to rely on this ground should understand at the outset what will actually need to be established. This is a fault-based ground, meaning it requires proof of the underlying conduct rather than a simple assertion, which distinguishes it from New York’s no-fault option.

No-Fault Divorce as an Alternative Path

New York Domestic Relations Law § 170(7) provides a separate, no-fault ground for divorce that does not require a showing of fault by either spouse. Under this provision, a marriage may be dissolved once it has broken down irretrievably for a period of at least six months, provided that the parties resolve the ancillary economic and custody issues in the case, such as equitable distribution, spousal maintenance, child custody, and child support, before a judgment of divorce is granted. For a Nassau County spouse who is uncertain whether the evidence needed to establish adultery under § 170(4) will be available, or who would prefer to avoid litigating the underlying conduct, the no-fault ground under § 170(7) is worth understanding as an alternative before deciding how to frame the initial filing. The two grounds are not mutually exclusive as legal theories, and which one makes sense for a given case depends on the facts, the evidence available, and the client’s priorities for how the case proceeds.

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 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. Mr. Sris and the firm’s Of Counsel attorneys advise Nassau County clients on divorce matters, including cases that would typically proceed in the New York State trial courts in Nassau County.

The firm does not maintain a physical location in Nassau County. Consultations are by appointment. The firm’s intake line is staffed 24/7, but the firm does not offer free consultations; clients are asked to request a scheduled consultation. The firm does not guarantee any particular outcome in a contested divorce matter, and the ground or grounds ultimately available in a given case depend on the underlying facts and the evidence that can be developed.

Frequently Asked Questions

What does New York law require to prove adultery as a ground for divorce?

Domestic Relations Law § 170(4) defines the conduct covered by this ground as vaginal sexual contact, oral sexual contact, or anal sexual contact voluntarily engaged in by the defendant with someone other than the plaintiff after the marriage. This is a fault-based ground that requires proof rather than a simple allegation.

Is adultery the only ground for divorce in New York?

No. Domestic Relations Law § 170 sets out seven separate grounds for divorce, of which adultery under § 170(4) is one. A no-fault ground is also available under § 170(7).

What is the no-fault alternative to an adultery-based filing?

Domestic Relations Law § 170(7) allows a divorce where the marriage has broken down irretrievably for at least six months, provided the ancillary economic and custody issues are resolved before judgment. It does not require proof of fault by either spouse.

Can a spouse choose between the adultery ground and the no-fault ground?

Which ground fits a given case depends on the available evidence and the client’s priorities. Mr. Sris and the firm’s Of Counsel attorneys can discuss how § 170(4) and § 170(7) apply to a specific set of facts during a scheduled consultation.

Does alleging adultery affect how property is divided in a New York divorce?

This page addresses the adultery ground for divorce itself under § 170(4); it does not address equitable distribution factors, which are governed by separate provisions of the Domestic Relations Law not covered here.

Where would a contested divorce case in Nassau County be filed?

A contested divorce matter connected to Nassau County would typically proceed in the New York State trial courts in Nassau County. The firm does not maintain a physical location in Nassau County and advises clients on such matters by appointment.

Does the firm offer a free consultation for divorce cases?

No. Law Offices Of SRIS, P.C. does not offer free consultations. Call (888) 437-7747 to request a scheduled consultation.

Does the firm guarantee a particular result in an adultery-based divorce case?

No. The firm does not guarantee any particular outcome. Results in a contested divorce case depend on the facts, the evidence available, and the court’s determination.

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.