Adultery Divorce Lawyer Staten Island

New York recognizes adultery as one of several fault-based grounds for divorce, alongside a no-fault option that most couples ultimately use. Spouses in Staten Island who are weighing whether to plead adultery as a ground often want to understand what the law actually requires and how that choice affects the rest of the case. Law Offices Of SRIS, P.C. advises clients on the grounds available under New York Domestic Relations Law and how a fault allegation fits into the larger picture of a matrimonial action. A contested matter naming adultery as a ground would typically be filed in Richmond County Supreme Court, located at 18 Richmond Terrace, Staten Island, NY 10301, within the 13th Judicial District. To discuss a specific situation, call (888) 437-7747 to request a scheduled consultation.

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Adultery as a Statutory Ground for Divorce

Domestic Relations Law § 170(4) allows a divorce action on the ground of adultery, defined for this purpose as the commission of an act of adultery, meaning vaginal, oral, or anal sexual contact voluntarily performed by the defendant with a person other than the plaintiff, after the marriage. This definition cross-references Penal Law § 130.00(2) and § 130.20(4). Adultery is one of seven enumerated grounds under § 170, which also includes cruel and inhuman treatment, abandonment for a year or more, imprisonment of the defendant for three or more consecutive years after the marriage, living apart pursuant to a separation decree or a written separation agreement for six months or more, and the no-fault ground under § 170(7), which allows a divorce where the marriage has broken down irretrievably for at least six months as sworn by one party. A spouse is not required to plead adultery, or any fault ground, to obtain a divorce in New York, since the no-fault ground is available without a showing of wrongdoing by either party. Because an adultery claim depends on the specific facts and evidence a client can present, the firm reviews what documentation, communications, or other information is realistically available before recommending this ground over the no-fault alternative. That evaluation is done early in a case, since the choice of ground can affect how the complaint is drafted and what proof is gathered as the matter proceeds toward resolution.

How an Adultery Allegation Interacts With the Rest of a Divorce Case

Equitable distribution of marital property in New York is governed by Domestic Relations Law § 236(B)(5), which directs a court to divide marital property equitably after considering sixteen enumerated factors. Marital fault, including adultery, is generally not itself one of those listed factors; the factors instead focus on matters such as the length of the marriage, each spouse’s income and property, contributions to the marriage, and the wasteful dissipation of marital assets. Where a spouse can show that marital funds were spent in connection with an extramarital relationship, that spending may be relevant to the wasteful-dissipation factor under § 236(B)(5)(d)(12), separate from the adultery ground itself. Because pleading a fault ground can add proof requirements to a case without necessarily changing the property or support outcome, the firm reviews each client’s goals before recommending whether to proceed on a fault basis, a no-fault basis under § 170(7), or another available ground. Some clients want the adultery ground on the record for personal reasons even where it will not change the financial result, while others prefer the more streamlined no-fault path to avoid additional proof requirements. The firm discusses these tradeoffs directly, including what kind of evidence a fault allegation would realistically require in a given case, before a complaint is drafted and filed.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., 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. Mr. Sris attended George Mason University, where he developed a background in accounting and information systems that he applies to the financial aspects of contested divorce matters, including tracing marital spending. The firm’s Of Counsel attorneys assist with New York family law matters as part of the firm’s broader practice.

The firm’s principal office is located at 4008 Williamsburg Court, Fairfax, VA 22032, by appointment. The firm does not maintain a physical location in Staten Island, and it does not offer free consultations; individuals may request a scheduled consultation by calling (888) 437-7747. The firm’s intake line is staffed 24/7. The firm does not guarantee any particular outcome in any matter, and results depend on the facts and circumstances specific to each case.

Frequently Asked Questions

Do I have to prove adultery to get divorced in New York?

No. Domestic Relations Law § 170(7) allows a divorce where the marriage has broken down irretrievably for at least six months, sworn to by one party, without any showing of fault. Adultery under § 170(4) is only one of several available grounds.

Does adultery affect how property is divided?

Marital fault is generally not among the sixteen factors listed in Domestic Relations Law § 236(B)(5) for equitable distribution. It may become relevant indirectly if marital funds were wastefully dissipated in connection with the affair.

Does adultery affect spousal maintenance?

New York’s maintenance formulas under Domestic Relations Law § 236(B)(5-a) and § 236(B)(6) are based on income and the length of the marriage rather than marital misconduct, though the statutes allow a court to consider other factors it finds just and proper.

Where would a contested Staten Island divorce be filed?

A contested matrimonial action for a Staten Island resident would typically be filed in Richmond County Supreme Court, 18 Richmond Terrace, Staten Island, NY 10301, within the 13th Judicial District.

What other fault grounds exist besides adultery?

Domestic Relations Law § 170 also lists cruel and inhuman treatment, abandonment for a year or more, imprisonment for three or more consecutive years, and living apart under a separation decree or written agreement for six months or more.

Can I combine a fault ground with property and support claims?

Yes. A divorce complaint can plead a ground under § 170 while the case also addresses equitable distribution, maintenance, and any child-related issues, all within the same matrimonial action.

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.