Fault Based Divorce Lawyer Brooklyn

New York is often described as a no-fault divorce state, but that description only tells part of the story. Alongside the no-fault ground, New York law still preserves six separate fault-based grounds a Brooklyn spouse can plead, and choosing among them, or between fault and no-fault, is a decision that depends on the specific facts of the marriage. Law Offices Of SRIS, P.C. represents Brooklyn spouses pursuing a fault-based divorce and spouses defending against a fault 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 fault-based filings alongside him. Each fault ground carries its own proof requirements, and the firm helps clients understand which ground, if any, fits their circumstances before a complaint is filed. The firm does not offer free consultations; a consultation can be scheduled by calling the firm. The firm’s intake line is staffed 24/7 at (888) 437-7747.

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What a Fault Based Divorce Means in Brooklyn

N.Y. Dom. Rel. Law § 170 sets out six fault-based grounds for divorce, in addition to the no-fault ground in subdivision (7). Subdivision (1) allows a divorce based on cruel and inhuman treatment of the plaintiff by the defendant that endangers the plaintiff’s physical or mental well-being and makes continued cohabitation unsafe or improper. Subdivision (2) allows a divorce based on the defendant’s abandonment of the plaintiff for one year or more. Subdivision (3) allows a divorce based on the defendant’s confinement in prison for three or more consecutive years after the marriage. Subdivision (4) allows a divorce based on the defendant’s commission of an act of adultery, which the statute defines specifically by cross-reference to the Penal Law. Subdivision (5) allows a divorce where the parties have lived apart for six months or more pursuant to a decree or judgment of separation, with proof that the plaintiff has substantially performed its terms. Subdivision (6) allows a divorce on the same living-apart basis where the separation rests on a written, acknowledged separation agreement rather than a court decree.

Each of these six grounds requires the filing spouse to prove specific facts that fit the statutory language, which distinguishes a fault-based filing from the no-fault ground in DRL § 170(7), under which one party’s sworn statement that the marriage has broken down irretrievably for at least six months is sufficient, without any showing of misconduct, though a judgment cannot be entered under the no-fault ground until the case’s economic and custody issues are resolved.

Brooklyn spouses often ask why anyone would choose a fault ground when the no-fault ground is available. The answer usually turns on the specific facts and objectives of the case; some spouses have clear proof of a particular fault ground and prefer to proceed on that basis, while others prefer the no-fault ground’s more straightforward proof requirement. A divorce complaint is not limited to a single ground, and fault and no-fault grounds can be pleaded together or in the alternative in the same Kings County Supreme Court case.

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

When a Brooklyn client is deciding how to plead a divorce, Mr. Sris and the firm’s Of Counsel attorneys walk through each of the seven grounds under DRL § 170, comparing the six fault grounds against the no-fault ground and against the specific facts of the client’s marriage. That comparison identifies which ground, or combination of grounds, best fits the evidence available and the client’s objectives for the case.

Where a client’s facts support a fault ground, whether cruelty, abandonment, imprisonment, adultery, or one of the separation-based grounds, the firm works to organize the evidence needed to meet that ground’s specific statutory requirements. Where a client is responding to a fault allegation, the firm reviews the pleading against the statutory standard for the specific ground alleged and evaluates the available defenses.

Mr. Sris and the firm’s Of Counsel attorneys prepare the pleadings and supporting documentation Kings County Supreme Court expects for whichever ground or grounds the case proceeds on, and represent clients through any hearing needed to resolve a contested ground. The firm also evaluates, throughout the case, whether shifting to or adding the no-fault ground would better serve the client’s interests as the facts develop.

Throughout the matter, the firm discusses candidly what each ground requires to prove and the practical implications of pursuing a fault-based case rather than the no-fault alternative, without promising a particular outcome, since a court’s decision on a contested ground depends on the specific evidence presented.

Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris founded Law Offices Of SRIS, P.C. in 1997 and has served as Owner and Founder since. His background as a former prosecutor directly informs how the firm evaluates and presents evidence across all six fault grounds, from cruelty and abandonment to adultery and imprisonment. He is individually admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York, which includes the Brooklyn divorce matters the firm handles in Kings County Supreme Court.

The firm’s Of Counsel attorneys contract directly with Law Offices Of SRIS, P.C. and assist Mr. Sris on Brooklyn fault-based divorce matters. The firm’s principal office is in Fairfax, Virginia, and Brooklyn clients are served by appointment. The firm does not offer free consultations; call (888) 437-7747 to schedule a consultation, and the intake line is staffed 24/7.

Frequently Asked Questions

What are the six fault-based grounds for divorce in New York?

N.Y. Dom. Rel. Law § 170(1) through (6) allow divorce based on cruel and inhuman treatment, abandonment for a year or more, imprisonment of the defendant for three or more consecutive years, adultery, living apart for six months or more under a separation judgment, and living apart for six months or more under a written separation agreement.

Do I need to prove fault 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, without proving any of the six fault grounds, though a judgment cannot be entered until economic and custody issues are resolved.

Why would someone choose a fault ground over the no-fault ground?

The choice typically depends on the specific facts and goals of the case; some spouses have clear evidence supporting a particular fault ground and prefer to proceed on that basis for reasons specific to their circumstances, while the no-fault ground offers a more straightforward proof requirement for others.

Can I plead more than one ground in the same divorce case?

Yes. A divorce complaint is not limited to a single ground under DRL § 170, and fault grounds can be pleaded together or as alternatives to the no-fault ground within the same case.

What happens if my spouse contests the fault ground I plead?

A contested fault ground requires the filing spouse to present evidence meeting that specific ground’s statutory standard, and the firm evaluates the strength of the available evidence and discusses whether the pleaded ground remains the best approach as the case develops.

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.