Fault Based Divorce Lawyer Westchester County, NY

You learned your spouse was unfaithful. The discovery turned your marriage upside down, and now you are weighing whether to pursue a divorce based on fault. In Westchester County, New York, a fault-based divorce can be filed on grounds such as adultery, cruel and inhuman treatment, abandonment for one or more years, or imprisonment. These grounds are recognized under New York Domestic Relations Law § 170. Bringing a fault-based claim can affect how marital property is divided and whether spousal maintenance is awarded. Law Offices Of SRIS, P.C. represents clients in fault-based divorce matters throughout Westchester County, including communities like White Plains, Yonkers, Scarsdale, and Rye. Westchester County is part of the state’s 9th Judicial District; divorce and equitable distribution cases are heard in the Westchester County Supreme Court, located at 111 Dr. Martin Luther King Jr. Boulevard in White Plains. Our New York location serves individuals and families across the county. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and his Of Counsel bring extensive experience to divorce litigation. To request a consultation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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What Fault-Based Divorce Means in Westchester County, NY

In New York, a spouse may seek a divorce based on fault by proving one of the grounds listed in DRL § 170. Adultery, cruel and inhuman treatment, abandonment for at least one year, and incarceration are the fault grounds available. Unlike a no-fault divorce—which requires only an irretrievable breakdown of the marriage for six months—a fault-based divorce places the reason for the breakdown at the center of the case. The Westchester County Supreme Court has jurisdiction over all divorce filings in the county, including those brought on fault grounds. Cases are assigned to a matrimonial part, and the court applies the New York Domestic Relations Law throughout the proceeding.

For Westchester County residents, a fault-based divorce may carry significant implications for equitable distribution and maintenance. The court may consider fault when deciding how to divide marital assets and whether to award spousal support. While no outcome is past results do not guarantee a similar outcome, presenting strong evidence of fault can influence the court’s determination. The firm’s attorneys appear in Westchester County Supreme Court and are experienced in gathering and presenting the proof needed to support a fault-based claim. Our New York location serves communities from Mount Vernon to Peekskill and every town in between, ensuring that clients have access to representation that understands both the statutory framework and the practical realities of litigation in the 9th Judicial District.

How Mr. Sris and His Of Counsel Handle Fault-Based Divorce Cases

When a client comes to Law Offices Of SRIS, P.C. Considering a fault-based divorce, Mr. Sris and his Of Counsel first meet with the client to understand the facts and evaluate the available grounds. They review the evidence of fault—whether it involves infidelity, abusive conduct, or abandonment—and discuss how that evidence might affect property division and maintenance. The team then prepares and files a Complaint for Divorce in the Westchester County Supreme Court, serving the other spouse in compliance with New York procedural rules. Throughout the case, they work to preserve the client’s interests, including seeking pendente lite relief if temporary support or custody orders are needed while the divorce is pending.

After filing, the case moves into discovery, where each side exchanges financial documents and other relevant information. In a fault-based divorce, discovery often includes evidence related to the alleged misconduct, such as communications, financial records, or witness statements. Mr. Sris and his Of Counsel are skilled in handling discovery disputes and motions practice. They also represent clients at mandatory settlement conferences and, if settlement is not reached, at trial. The Westchester County Supreme Court’s schedule and the complexity of the issues will influence how long the process takes. The firm focuses on building a well-prepared case while keeping the client informed at every stage. To discuss how the firm could assist with your fault-based divorce, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His career includes work as a former prosecutor, giving him insight into how evidence is built and challenged. Mr. Sris keeps his caseload focused so he can remain directly involved in each matter. He is supported by a team of experienced Of Counsel attorneys who bring additional depth in family law litigation. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience. Results may vary. The firm has documented 4,739+ case results across all practice areas since its founding. Each case is unique.

Verify admissions: Virginia State Bar · Maryland Judiciary · DC Bar · NJ Courts · NY OCA

For a full statutory breakdown of New York divorce grounds, see our comprehensive analysis on our main site: New York divorce law overview.

Primary resources: Westchester County Supreme Court · NY Domestic Relations Law § 170.

Frequently Asked Questions

What are the fault grounds for divorce in New York?

New York law recognizes adultery, cruel and inhuman treatment, abandonment for one or more years, and imprisonment as fault grounds for divorce under Domestic Relations Law § 170. A spouse seeking a fault-based divorce must present competent evidence to support the ground. The Westchester County Supreme Court hears these cases. A proven fault ground can influence the equitable distribution of marital property and the award of spousal maintenance. Each situation requires careful evaluation of the facts and evidence available. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Do I need a lawyer for a fault-based divorce in Westchester County?

You are not legally required to hire an attorney for a fault-based divorce in Westchester County, but having experienced legal representation can help you navigate the procedural requirements and present your case effectively. The Westchester County Supreme Court follows strict rules, and fault-based claims require gathering and presenting evidence properly. Mr. Sris and his Of Counsel are experienced in divorce litigation and can handle your matter. To discuss the details of your case, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

How does a fault-based divorce affect property division in New York?

In New York, fault can be a factor the court considers when determining an equitable distribution of marital property and when setting maintenance. Under Domestic Relations Law § 236, the court weighs numerous factors, including the circumstances that led to the divorce. Conduct such as adultery or cruelty may shift how assets are divided. The specific outcome depends on the facts of the case and the evidence presented. For a consultation about how fault might impact your property rights, reach Mr. Sris and his Of Counsel at (888) 437-7747.

What is the process for filing a fault-based divorce in Westchester County?

The process begins with filing a Complaint for Divorce in the Westchester County Supreme Court and serving the other spouse. After the complaint is served, both parties engage in discovery—exchanging financial information and evidence related to the fault claims. Mr. Sris and his Of Counsel handle all aspects, from drafting and filing the complaint to representing you at court conferences and, if necessary, trial. The court’s schedule and the complexity of the issues will determine how the case moves forward. For a detailed review of your situation, call (888) 437-7747.

Can I get spousal support based on my spouse’s fault?

Yes, a spouse’s misconduct—such as adultery or cruel and inhuman treatment—can be considered by the court in awarding spousal maintenance in New York. Under DRL § 236, the court examines both economic need and fault when deciding whether to order maintenance and in what amount. Proving fault can strengthen your position in a maintenance request. Every case is fact-specific. To discuss whether you may be entitled to support, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

How do I choose a fault-based divorce lawyer in Westchester County?

Look for an attorney with litigation experience in New York family law, familiarity with Westchester County Supreme Court procedures, and a record of handling fault-based divorce matters. Mr. Sris and his Of Counsel have over 120 years of combined legal experience; the firm has documented thousands of case results since 1997. Results may vary. The firm offers consultations by appointment. To schedule yours, call (888) 437-7747.

Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case.
Results may vary.