Fault Based Divorce Lawyer New York County (Manhattan) |
Fault Based Divorce Lawyer in New York County (Manhattan), New York — What Are Your Grounds?
A fault based divorce in New York County (Manhattan) requires proving specific grounds like adultery or cruel treatment under New York Domestic Relations Law (DRL) § 170. This path can impact spousal support and property division. Law Offices Of SRIS, P.C. provides strategic representation for fault based divorce cases in the New York County Supreme Court.
What Is a Fault Based Divorce in New York?
New York law provides for both no-fault and fault based divorce. A fault based divorce requires one spouse to prove the other committed a specific marital wrong that justifies ending the marriage. The grounds are defined in New York Domestic Relations Law (DRL) § 170. Proving fault can be relevant to decisions on spousal support (maintenance), equitable distribution of assets, and child custody, as the court considers marital conduct. Founded in 1997, our firm understands the strategic implications of pursuing a fault based divorce.
Last verified: April 2026 | New York County Supreme Court | New York State Legislature
Official New York Divorce Laws and Court Resources
Understanding the legal framework is essential. The primary statutes governing fault based divorce are found in the New York Domestic Relations Law. For court-specific procedures and forms, you must refer to the official resources of the New York County Supreme Court.
- New York Domestic Relations Law (DRL) § 170 (official New York State Senate site listing grounds for divorce).
- New York County Supreme Court, Civil Branch (official .gov website for court forms, rules, and procedures).
Local Procedural Edge for Fault Based Divorce in Manhattan
In New York County (Manhattan), all divorce and equitable distribution matters are filed in the Supreme Court. A fault based divorce requires detailed pleading and evidence to substantiate the claimed grounds, such as adultery or cruel and inhuman treatment. The court requires a Request for Judicial Intervention (RJI) and will schedule mandatory settlement conferences. Automatic restraining orders under DRL § 236 freeze marital assets upon filing.
- Consultation & Grounds Assessment: Meet with a fault based divorce attorney to evaluate if you have provable grounds like adultery (DRL § 170(4)) or cruel and inhuman treatment (DRL § 170(1)).
- File a Summons with Notice or Summons and Complaint: File the initiating divorce papers with the County Clerk at 60 Centre Street, paying the $335 index fee and clearly stating the fault grounds.
- Serve Papers & File Proof of Service: Ensure proper service on your spouse according to New York law and file the affidavit of service with the court.
- File a Request for Judicial Intervention (RJI): Pay the $95 RJI fee to assign your case to a specific judge and initiate the court’s oversight.
- Discovery & Motion Practice: Engage in the evidence-gathering process (discovery) to support your fault claim. This may involve subpoenas, depositions, and motions related to the alleged misconduct.
- Mandatory Conferences & Potential Trial: Attend court-ordered settlement conferences. If a settlement is not reached, the case will proceed to a trial where you must prove the fault grounds.
Potential Impacts and Considerations in a Fault Based Divorce
In New York County (Manhattan), proving fault in a divorce can influence the court’s decisions on spousal support (maintenance) and the equitable distribution of marital assets, though New York is an equitable distribution state.
| Grounds for Fault (DRL § 170) | Legal Standard / Definition | Potential Impact on Case |
|---|---|---|
| Cruel and Inhuman Treatment | Conduct that endangers physical or mental well-being, making cohabitation unsafe. | May affect spousal support awards and property division; requires specific evidence. |
| Adultery | Voluntary sexual intercourse by a married person with someone other than their spouse. | Can be a factor in maintenance and distribution; requires clear and convincing evidence. |
| Abandonment | One spouse leaves the other without consent, justification, or intent to return for one or more years. | May influence support and custody determinations. |
| Imprisonment | Confinement to prison for three or more consecutive years after marriage. | Grounds for divorce; financial implications depend on assets and income. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Fault Based Divorce Case
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With a combined 120+ years of legal experience and over 4,739 documented case results firm-wide, our team brings a deep understanding of complex family law litigation. We approach fault based divorce cases with a focus on strategic evidence development and clear presentation to the court.
Case Results and Client Focus
SRIS actively practices in New York County. Firm-wide, we have handled 4,739+ documented case results with over 93% favorable outcomes. Our approach to fault based divorce cases involves meticulous preparation, whether negotiating a settlement or advocating at trial.
Results may vary. Prior results do not aim for a similar outcome.
Fault Based Divorce Lawyer Near New York County (Manhattan)
Our New York location serves clients at the New York County Supreme Court. We represent individuals throughout Manhattan, including Midtown, Lower Manhattan, Upper East Side, Upper West Side, Harlem, Greenwich Village, SoHo, Tribeca, Chelsea, Hell’s Kitchen, East Village, Financial District, Chinatown, Washington Heights, and Inwood.
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
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Fault Based Divorce Lawyer New York — Frequently Asked Questions
What are the fault grounds for divorce in New York?
Yes. New York Domestic Relations Law § 170 lists several fault grounds: cruel and inhuman treatment, adultery, abandonment for one or more years, and imprisonment for three or more consecutive years after marriage. You must provide evidence to prove these grounds in court.
Does proving fault aim for I will get more property or spousal support?
It depends. New York is an equitable distribution state, meaning the court divides marital property fairly, not necessarily equally. Proving fault like adultery or cruelty can be a factor the court considers when awarding spousal support (maintenance) or dividing assets, but it is not an automatic aim for of a more favorable outcome.
How long does a fault based divorce take in Manhattan?
A contested fault based divorce in New York County typically takes 12 to 24 months or longer. The timeline depends on the complexity of proving the fault grounds, the extent of discovery needed, court scheduling, and whether the case settles or goes to trial. An uncontested no-fault divorce is generally faster.
What evidence is needed for a fault based divorce?
Evidence must be clear and convincing. For adultery, this may include photographs, communications, or witness testimony. For cruel treatment, evidence can consist of medical records, police reports, photographs of injuries, testimonies from witnesses, and detailed documentation of abusive incidents over time.
Should I hire a fault based divorce attorney New York?
Yes. A fault based divorce attorney New York is crucial because proving fault requires specific legal procedures and evidence standards. An experienced lawyer from a firm like SRIS, P.C. can guide you through the process, gather necessary evidence, and present a compelling case to protect your interests regarding support and property.
Can I switch from a fault to a no-fault divorce?
Yes, it is often possible to amend your divorce complaint. If proving fault becomes difficult or if both parties agree to settle, you may seek to change the grounds to the no-fault ground of an irretrievable breakdown of the relationship for six months. Your attorney can file the necessary motions with the court.
Related Legal Resources
- New York Divorce & Family Lawyer Hub
- Divorce Lawyer in Kings County (Brooklyn)
- Criminal Defense Lawyer in New York County (Manhattan)
Page last verified: 2026-04. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for the most current guidance on your fault based divorce case in New York.