Fault Based Divorce Lawyer Nassau County

New York recognizes both fault-based and no-fault grounds for divorce, and the choice between them can shape how a case unfolds from the first filing. Nassau County residents who bring a divorce action file in the New York State Supreme Court, located at 100 Supreme Court Drive in Mineola, part of the 10th Judicial District. Law Offices Of SRIS, P.C. represents clients in Nassau County who are deciding whether to plead a fault-based ground under Domestic Relations Law § 170 or to proceed instead on the no-fault ground available under the same statute. Each fault ground requires proof of specific conduct or circumstances, and the strategic decision to plead fault, rather than proceed on a no-fault basis, depends on the facts of the marriage and the goals of the case. Call (888) 437-7747 to request a scheduled consultation about which ground may fit a particular set of circumstances.

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The Six Fault-Based Grounds Under DRL § 170

Domestic Relations Law § 170 sets out seven grounds for divorce, six of which require proof of fault or a specific status. These include cruel and inhuman treatment that endangers the physical or mental well-being of the plaintiff such that it is unsafe to continue living together; abandonment continuing for one year or more; imprisonment of the defendant for three or more consecutive years after the marriage; adultery, defined by statute as a specific act committed by the defendant with someone other than the plaintiff after the marriage; living separately for six months or more under a decree or judgment of separation, with proof of substantial performance of its terms; and living separately for six months or more under a written separation agreement acknowledged in the manner required for recording a deed, again with proof of substantial performance. Each ground carries its own proof requirements, and choosing the wrong one, or attempting to prove a ground the facts do not support, can slow a case down rather than speed it up.

Fault Grounds vs. the No-Fault Ground Under DRL § 170(7)

DRL § 170(7) provides a no-fault ground: a sworn statement by one party that the relationship between the spouses has broken down irretrievably for a period of at least six months. Unlike the fault-based grounds, § 170(7) does not require proof of specific misconduct or a set period of separation under an agreement or decree, but a judgment of divorce cannot be entered on this ground until the economic issues, such as equitable distribution, maintenance, child support, and custody, have been resolved by the parties or decided by the court. Choosing a fault ground instead of the no-fault ground is a strategic decision that depends on the case: a party may plead fault when the underlying conduct is significant to the narrative of the case or when there is a tactical reason to establish it on the record, while other clients prefer the no-fault ground because it avoids the need to prove specific misconduct in open court. The firm does not guarantee that any particular ground will be granted or that pleading fault will produce a different result in equitable distribution or support, since New York’s equitable distribution statute directs courts to weigh many factors beyond which ground was pleaded.

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

Mr. Sris, Owner and Founder of the firm, is a former prosecutor who has practiced law since founding the firm in 1997. He attended George Mason University, where he developed a background in accounting and information systems that he brings to bear on the financial issues that often accompany a contested, fault-based divorce. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York.

The firm’s Of Counsel attorneys contract directly with the firm and work alongside Mr. Sris on fault-based and no-fault divorce matters filed in the New York State trial courts in Nassau County. They are referred to collectively here because case assignments are based on the needs of each matter. The firm does not maintain a physical location in Nassau County and does not offer free consultations; clients request a scheduled consultation, and the intake line is staffed 24/7 to take that request. The firm’s principal office is located at 4008 Williamsburg Court, Fairfax, VA 22032, by appointment.

Frequently Asked Questions

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

Domestic Relations Law § 170 lists six fault or status-based grounds: cruel and inhuman treatment, abandonment for a year or more, imprisonment of the defendant for three or more consecutive years, adultery, living apart under a separation judgment for six months or more, and living apart under a written separation agreement for six months or more, each with its own proof requirements.

What is the no-fault ground for divorce in New York?

DRL § 170(7) allows a divorce based on a sworn statement that the marriage has broken down irretrievably for at least six months. A judgment cannot be entered on this ground, however, until the case’s economic and custody issues have been resolved.

Why would someone choose a fault ground instead of the no-fault ground?

The decision is fact-specific. Some clients have reasons tied to the facts of the marriage for wanting a fault ground established on the record, while others prefer the no-fault ground under § 170(7) because it does not require proving specific misconduct in court.

Does pleading a fault ground guarantee a larger share of the marital property?

No. The firm does not guarantee any particular outcome. New York’s equitable distribution law directs the court to weigh a range of statutory factors, and which divorce ground was pleaded is only one part of a much larger picture.

What court hears divorce cases filed in Nassau County?

Divorce actions from Nassau County are filed in the New York State Supreme Court, located at 100 Supreme Court Drive, Mineola, New York 11501, within the 10th Judicial District.

Do I need to prove adultery in detail to use that ground?

Adultery under DRL § 170(4) is a statutorily defined act committed by the defendant with someone other than the plaintiff after the marriage, and it must be proven to the court’s satisfaction, which is one of several reasons this ground requires careful preparation.

Can a fault-based case still resolve without a trial?

Yes. Many fault-based filings resolve through negotiation or settlement before trial, though the initial ground pleaded can still influence how the parties and the court approach the remaining issues in the case.

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.