Adultery Divorce Lawyer New York
New York remains one of the states that allows a divorce to be granted on fault-based grounds, and adultery is one of the seven grounds listed in the state’s divorce statute. A spouse who can prove that the other spouse committed adultery, as that term is specifically defined in the statute, may pursue a divorce on that ground rather than relying solely on the state’s no-fault option. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys represent clients pursuing, and clients defending against, adultery-based divorce claims in New York courts. Because an adultery allegation requires specific proof and carries its own statutory definition, cases proceeding on this ground tend to involve more extensive evidence gathering than a no-fault filing. Some clients choose the adultery ground for reasons related to how the underlying conduct affected the marriage; others begin on this ground and later evaluate whether a different ground, including the no-fault option, better fits the evidence available. Understanding what New York law actually requires to prove adultery, and what it does not require, is a useful starting point before deciding how to proceed. Call (888) 437-7747 to discuss an adultery-based divorce matter.
What Adultery Divorce Means in New York
N.Y. Dom. Rel. Law § 170(4) lists the commission of an act of adultery by the defendant as one of the seven statutory grounds on which a New York divorce action may be maintained. The statute does not leave the term undefined. For purposes of this ground, adultery is defined by cross-reference to the Penal Law, specifically Penal Law § 130.00(2) and § 130.20(4), covering vaginal sexual contact, oral sexual contact, or anal sexual contact voluntarily engaged in by the defendant with a person other than the plaintiff spouse after the marriage. Because the statute ties the ground to this specific definition, proving adultery as a divorce ground requires evidence that meets that definition, not simply evidence of general marital misconduct or emotional infidelity.
Adultery is one option among the seven grounds set out in § 170, alongside cruel and inhuman treatment, abandonment for a year or more, imprisonment of three or more consecutive years, living apart under a separation judgment or a written separation agreement for six months or more, and the no-fault ground under § 170(7), which allows a divorce based on an irretrievable breakdown of the marriage for at least six months as sworn to by one party. A spouse considering the adultery ground is not required to use it. Many New York divorces proceed instead on the no-fault ground, which does not require proof of misconduct, though a judgment cannot be entered under § 170(7) until the economic and custody issues in the case are resolved. Choosing the adultery ground can matter in some cases because of the evidence it requires and the way it frames the proceeding, even though New York’s equitable distribution statute directs the court to divide marital property based on a list of enumerated factors rather than treating fault by itself as a distribution factor. A spouse weighing whether to plead adultery, or how to respond to an adultery allegation, benefits from understanding both what the statute requires and how it fits among the other six grounds available.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Adultery Divorce Cases
Mr. Sris and the firm’s Of Counsel attorneys evaluate the evidence available in an adultery matter against the specific statutory definition in N.Y. Dom. Rel. Law § 170(4), which is narrower than a general claim of infidelity. That evaluation often shapes whether adultery is the right ground to plead or whether a client is better served by proceeding under a different subdivision of § 170, including the no-fault ground. Where a client wants to pursue the adultery ground, the firm’s Of Counsel attorneys work through what documentation, testimony, or other evidence is available to support the statutory elements, and advise on the practical realities of litigating a fault-based claim through New York’s court system.
For clients responding to an adultery allegation, the firm’s Of Counsel attorneys review the allegations against the statutory definition and the evidence the other party has produced, and advise on how to respond within the divorce proceeding, including how the allegation may interact with the equitable distribution and maintenance issues also before the court. Mr. Sris and the firm’s Of Counsel attorneys handle these matters alongside the other issues that typically accompany a divorce action, including custody, child support, and the division of marital property, since an adultery claim rarely proceeds in isolation from those questions. Because a fault-based filing can affect the scope of litigation, the firm’s Of Counsel attorneys discuss with clients, early in the matter, what pursuing or contesting an adultery ground is likely to involve compared with proceeding on a no-fault basis, so the client can make an informed decision.
About the Firm
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997. His background from George Mason University in accounting and information systems has been applied over the years to complex financial and technology-related matters the firm has handled, including divorce cases with significant asset or income disputes. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
In adultery-based divorce matters, Mr. Sris and the firm’s Of Counsel attorneys work with clients to assess the evidence against the statutory definition in N.Y. Dom. Rel. Law § 170(4) and to plan how a fault-based claim fits within the broader divorce proceeding, including custody, support, and property issues. The firm’s Of Counsel attorneys contract directly with the firm.
Clients weighing whether to plead adultery, or responding to an adultery allegation in a pending case, can request a consultation to discuss the specific facts involved. The intake line is staffed for 24/7 phone intake. Mr. Sris and the firm’s Of Counsel attorneys do not guarantee a particular outcome in any divorce proceeding; the result in each case depends on the evidence presented and the court’s application of New York law to the facts.
Frequently Asked Questions
Is adultery still a valid ground for divorce in New York?
Yes. N.Y. Dom. Rel. Law § 170(4) lists the commission of an act of adultery by the defendant as one of the seven statutory grounds for divorce currently available in New York. It remains a valid, separately pleadable ground alongside the state’s no-fault option under § 170(7) and the other fault-based grounds, including cruel and inhuman treatment and abandonment. A spouse is not required to use the adultery ground even where it may apply; many divorces proceed instead on the no-fault ground.
How does New York law define adultery for divorce purposes?
The statute defines adultery by cross-reference to the Penal Law. Under N.Y. Dom. Rel. Law § 170(4), adultery for divorce purposes means vaginal sexual contact, oral sexual contact, or anal sexual contact voluntarily engaged in by the defendant spouse with someone other than the plaintiff after the marriage, as those terms are defined in Penal Law § 130.00(2) and § 130.20(4). This is a specific legal definition, not simply any conduct a spouse might informally describe as an affair.
Does proving adultery affect property division in a New York divorce?
New York’s equitable distribution statute, N.Y. Dom. Rel. Law § 236(B)(5), directs the court to divide marital property based on a list of enumerated factors covering the parties’ finances, contributions, and circumstances, evaluated case by case. Whether and how an adultery finding affects a particular division depends on how those factors apply to the facts of the case, since the statute does not list marital fault by itself as a distribution factor separate from those enumerated considerations.
What is the difference between the adultery ground and the no-fault ground?
The adultery ground under § 170(4) requires proof that the defendant engaged in specifically defined sexual conduct with someone other than the plaintiff after the marriage. The no-fault ground under § 170(7) requires no such proof; it allows a divorce where the marriage has broken down irretrievably for at least six months, sworn to by one party, though a judgment cannot be entered under that subdivision until the case’s economic and custody issues are resolved. Spouses can choose whichever ground fits their circumstances and evidence.
Can a divorce proceed if adultery cannot be proven?
Yes. New York does not require a spouse to prove adultery, or any other fault ground, to obtain a divorce. N.Y. Dom. Rel. Law § 170(7) provides a no-fault option based on an irretrievable breakdown of the marriage for at least six months, sworn to by one party, without requiring proof of misconduct by either spouse. A spouse who initially considers the adultery ground can instead proceed on the no-fault ground, or on one of the other statutory grounds, depending on the case.