Fault Based Divorce Lawyer Queens County

New York offers six fault-based grounds for divorce alongside its no-fault option, and a spouse who has reason to plead one of these grounds needs to understand what each requires before deciding how to proceed. Domestic Relations Law § 170 lists cruel and inhuman treatment, abandonment, imprisonment, adultery, living apart under a separation judgment, and living apart under a separation agreement as the six fault-based grounds, each carrying its own specific factual requirements. Choosing a fault-based ground rather than New York’s no-fault option under subdivision (7) is a decision that depends heavily on the facts of the marriage and what a spouse hopes to establish in the case. Because each fault ground has distinct elements, from proving cruelty’s effect on a spouse’s well-being to documenting a full year of abandonment, a fault-based divorce lawyer serving Queens County can help a spouse evaluate which ground, if any, fits their situation and what evidence the case is likely to require. Law Offices Of SRIS, P.C. represents spouses in Queens County who are considering or pursuing a fault-based divorce under any of the six statutory grounds. To discuss a fault-based divorce matter connected to Queens County, call (888) 437-7747.

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What Fault Based Divorce Means in Queens County

Domestic Relations Law § 170 lists six fault-based grounds for divorce, each addressing different marital conduct. The first, cruel and inhuman treatment under subdivision (1), applies where the defendant’s conduct endangers the plaintiff’s physical or mental well-being to a degree that makes continued cohabitation unsafe or improper. The second, abandonment under subdivision (2), applies where the defendant has abandoned the plaintiff for one year or more. The third, imprisonment under subdivision (3), applies where the defendant has been confined in prison for three or more consecutive years after the marriage. The fourth, adultery under subdivision (4), applies where the defendant has committed an act of adultery, a term the statute itself defines by cross-reference to specific provisions of the Penal Law. The fifth, separation under a judgment or decree under subdivision (5), applies where the spouses 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. The sixth, separation under a written agreement under subdivision (6), applies similarly where the spouses have lived apart for six months or more pursuant to a written, acknowledged separation agreement, again with proof of substantial performance.

Each of these six grounds requires a different factual showing, and a spouse pleading one needs to be prepared to support it with the specific evidence the statute contemplates, whether that involves documenting the timeline of abandonment or separation, proving imprisonment, or establishing the conduct and effect required for a cruelty claim. New York’s seventh ground, the no-fault option under subdivision (7), does not require any of this fault-specific proof, but a judgment under that ground cannot be entered until the case’s economic and custody issues are resolved, a requirement that applies in practice to fault-based cases as well since those issues still need to be addressed before a Queens County court will finalize the divorce.

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

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys represent spouses in Queens County who are evaluating or pursuing a fault-based divorce under any of the six grounds in Domestic Relations Law § 170. Because each ground requires a distinct factual showing, the firm’s process begins with reviewing the specific facts of the marriage against the elements of the ground the client is considering, whether that involves cruelty, abandonment, imprisonment, adultery, or one of the two separation-based grounds.

Mr. Sris and the firm’s Of Counsel attorneys discuss with each client what evidence is available to support the chosen ground, and compare that option against New York’s no-fault ground under subdivision (7), since some clients prefer to avoid the evidentiary burden a fault ground carries while others have specific reasons for pursuing a fault-based filing. Regardless of which ground is pled, the firm addresses the case’s ancillary issues, including equitable distribution, maintenance, and any custody and support questions, since these must be resolved as part of the overall divorce.

The firm does not offer free consultations. Clients in Queens County who are considering a fault-based divorce, or who want to compare the fault grounds against the no-fault alternative, can schedule an appointment by calling the firm’s intake line, staffed for 24/7 phone intake. The firm’s Of Counsel attorneys contract directly with Law Offices Of SRIS, P.C. and work with Mr. Sris on Queens County matters as needed. The firm reviews the specific facts of each marriage before discussing which, if any, fault ground is likely to be supported by the available evidence.

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

Mr. Sris founded Law Offices Of SRIS, P.C. in 1997 and continues to serve as its Owner and Founder. He is a former prosecutor, and that litigation background informs his approach to fault-based divorce matters, where the specific facts supporting a chosen ground must be identified and, where necessary, proven. 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 Law Offices Of SRIS, P.C.; collectively, Mr. Sris and the firm’s Of Counsel attorneys handle the firm’s Queens County fault-based and no-fault divorce matters alike.

The firm concentrates in family law, including divorce actions litigated on each of New York’s six fault grounds, and does not guarantee that any specific set of facts will support a particular ground, since that determination depends on the evidence available in each case. Mr. Sris and the firm’s Of Counsel attorneys review each Queens County fault-based divorce inquiry individually, comparing the facts against the statutory elements of cruelty, abandonment, imprisonment, adultery, and the two separation-based grounds, before recommending whether a fault ground or New York’s no-fault option better fits the case.

Frequently Asked Questions

What are New York’s six fault-based grounds for divorce?

Domestic Relations Law § 170 lists six fault-based grounds: cruel and inhuman treatment under subdivision (1), abandonment for one year or more under subdivision (2), imprisonment of the defendant for three or more consecutive years under subdivision (3), adultery under subdivision (4), living apart for six months or more under a separation judgment under subdivision (5), and living apart for six months or more under a written separation agreement under subdivision (6). A fault-based divorce lawyer serving Queens County can review which ground, if any, fits a specific marriage’s facts.

How is abandonment proven as a divorce ground?

Domestic Relations Law § 170(2) allows a divorce where the defendant has abandoned the plaintiff for one year or more. Proving this ground generally requires documenting the timeline of the abandonment and the circumstances surrounding it, including when and how the separation began. A fault-based divorce lawyer serving Queens County can review the specific facts of a separation to evaluate whether they meet this statutory requirement.

Can I use my spouse’s imprisonment as grounds for divorce?

Yes, in certain circumstances. Domestic Relations Law § 170(3) allows a divorce where the defendant has been confined in prison for three or more consecutive years after the marriage. This ground is distinct from cruelty or abandonment, since it turns specifically on the length and continuity of the confinement. A fault-based divorce lawyer serving Queens County can review the specific timeline of a spouse’s confinement and discuss what documentation the court will expect.

What is the difference between the two separation-based grounds?

Domestic Relations Law § 170(5) applies where the spouses have lived apart for six months or more under a decree or judgment of separation, while subdivision (6) applies where they have lived apart for six months or more under a written, acknowledged separation agreement. Both grounds require proof that the plaintiff substantially performed the terms of the underlying decree or agreement. A fault-based divorce lawyer serving Queens County can review which of these two grounds fits a couple’s specific separation arrangement.

Do I have to prove fault, or can I use New York’s no-fault ground instead?

A spouse is not required to prove fault. 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 requiring proof of any fault-based conduct. A judgment cannot be entered under that ground, however, until the case’s economic and custody issues are resolved. A fault-based divorce lawyer serving Queens County can help compare the fault grounds against this no-fault alternative.

Does choosing a fault ground affect property division or support?

New York’s equitable distribution statute, Domestic Relations Law § 236(B)(5), directs courts to divide marital property based on the case’s circumstances and a list of enumerated factors, rather than on marital fault alone. Whether or how a specific fault ground affects a particular case’s outcome depends on the facts and the applicable equitable distribution factors. A fault-based divorce lawyer serving Queens County can explain how these issues interact in a specific 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.

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