Adultery Divorce Lawyer Nassau County NY | SRIS, P.C.
Adultery Divorce Lawyer in Nassau County, NY — What You Need to Know
If you are filing for divorce based on adultery in Nassau County, you need an experienced adultery divorce lawyer. Adultery is a fault-based ground for divorce under New York Domestic Relations Law § 170(4). The Law Offices Of SRIS, P.C.
Statutory Definition of Adultery in New York Divorce
In New York, adultery is a specific fault ground for divorce defined by statute. To prove adultery, you must show your spouse voluntarily engaged in sexual intercourse with someone other than you during the marriage. The New York Domestic Relations Law § 170(4) governs adultery as a ground for divorce. This fault-based approach differs from the more common no-fault “irretrievable breakdown” ground and requires specific evidence.
Last verified: April 2026 | Nassau County Supreme Court | New York State Legislature
Official Legal Resources
For the official text of the law, refer to New York Domestic Relations Law § 170 (official New York State Senate site). For local court procedures, visit the Nassau County Supreme Court website.
Procedural Insights for an Adultery Divorce Case in Nassau County
Filing for divorce on the ground of adultery in Nassau County involves distinct procedural steps. You must file your complaint in the Nassau County Supreme Court. Unlike a no-fault divorce, you cannot use the simplified “uncontested” forms if the sole ground is adultery; the defendant must answer. The court requires corroborating evidence of the adulterous act, which can be a significant hurdle. Choosing to file for an adultery divorce is a strategic decision that an experienced adultery divorce attorney can help you handle.
- Consult with an Attorney: Discuss the evidence for adultery and whether a fault-based divorce is strategically advantageous for your case.
- Draft and File the Complaint: Your lawyer will prepare a summons and complaint specifying adultery as the ground, which is filed with the Nassau County Supreme Court.
- Serve the Defendant: The divorce papers must be served on your spouse according to New York law.
- Gather and Present Evidence: Work with your attorney to collect admissible evidence to prove the adulterous act occurred.
- handle Settlement or Trial: The case may settle or proceed to trial where a judge will rule on the ground and all related issues like asset division and support.
Potential Implications of an Adultery Finding
In Nassau County, a finding of adultery can influence a judge’s decisions on financial matters, though New York is an equitable distribution state.
| Legal Aspect | Potential Impact of Adultery |
|---|---|
| Equitable Distribution | May be considered as a factor in dividing marital property if it caused the dissipation (waste) of marital assets. |
| Maintenance (Alimony) | Can be a factor for the court to consider when determining the amount and duration of spousal support. |
| Child Custody | Generally not relevant unless the extramarital conduct directly harms the child’s best interests. |
| Filing Timeline | You must file within five years of discovering the adultery, per DRL § 170(4). |
Results may vary. Prior results do not aim for a similar outcome.
Firm Experience in Family Law Matters
The Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings a deep understanding of complex family law statutes and courtroom strategy to every case. Our approach is grounded in thorough preparation and a clear assessment of the legal and financial details of your situation.
Case Results and Client Focus
Our firm has a documented record of handling family law cases. We focus on developing strategies case-specific to the specific circumstances of each client’s case. Every case is different, and we dedicate ourselves to pursuing a favorable resolution for you.
Results may vary. Prior results do not aim for a similar outcome.
Local Access and Availability for Nassau County Residents
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003 | Local: (716) 229-4520
By appointment only.
Our New York location serves clients with matters in Nassau County courts. We represent individuals in communities like Mineola, Garden City, Hempstead, Long Beach, and Valley Stream. We offer 24/7 phone consultations at (888) 437-7747, with meetings scheduled by appointment only.
Adultery Divorce Lawyer Nassau County NY FAQ
Is adultery still a ground for divorce in New York?
Yes. Adultery remains a valid fault-based ground for divorce under New York Domestic Relations Law § 170(4), even after the introduction of no-fault divorce.
What evidence do I need to prove adultery in court?
It depends. Direct evidence is best, but often circumstantial evidence like emails, texts, photos, or hotel receipts is used. Critically, New York law requires corroboration—testimony or evidence from a source other than the accusing spouse. An experienced adultery divorce law firm can advise on what evidence is admissible and sufficient.
Does proving adultery aim for I will get more money or property?
No. New York follows equitable distribution. Adultery alone does not automatically entitle you to a larger share. However, if the adulterous conduct led to the waste of marital funds (like spending on a paramour), the court may consider this when dividing assets or awarding maintenance.
How long do I have to file for divorce based on adultery?
Five years. Under DRL § 170(4), you must commence the divorce action within five years of the date you discovered the adulterous act.
Can adultery affect child custody decisions?
It depends. Generally, a parent’s extramarital relationship is not a custody factor unless it directly harms the child’s welfare. The court’s sole focus is the child’s best interests, not punishing a parent for marital misconduct.
Related Legal Information
If you are dealing with a divorce in Nassau County, you may also need information about New York divorce law. For other legal needs in the area, consider our pages on Nassau County criminal defense or Nassau County immigration law.
Page last verified: 2026-04. Laws change. Contact the Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.