Fault Based Divorce Lawyer Brooklyn, NY

You had a feeling something was off — a closed phone screen, constant late nights at the office, a strange distance that had grown between you. Then you found the truth: the messages, the photographs, the bank statements that told a story you did not want to read. Adultery. Your marriage, already under strain, now feels broken beyond repair. In Brooklyn, that discovery can become the grounds for a fault-based divorce. It is a difficult path, but one many individuals in Kings County take when they can no longer accept the status quo. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel understand the weight of the decision you are facing. Reach our location at (888) 437-7747 to discuss your situation and how we can help you move forward. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Strategy Options in a Brooklyn Fault-Based Divorce

Filing a divorce on fault grounds is different from the more common no-fault route. In New York, a no-fault divorce requires an irretrievable breakdown of the marriage for at least six months. A fault-based divorce, by contrast, asserts that one spouse’s misconduct caused the end of the marriage. The available fault grounds under New York Domestic Relations Law § 170 include adultery, cruel and inhuman treatment, abandonment for one or more years, and imprisonment for three or more years. In Brooklyn, these cases are heard in the New York Supreme Court, Kings County, at 360 Adams Street. Choosing to pursue a fault ground is not simply about assigning blame. It can fundamentally alter how the court approaches equitable distribution of marital property, spousal maintenance, and even custody considerations. Mr. Sris and his Of Counsel start every Kings County fault-based divorce by helping you weigh whether the evidence you have supports a fault ground and whether the potential advantages — in a property settlement or support order — are worth the additional litigation it will require.

We also evaluate every alternative. If a fault ground cannot be readily proved, or if pursuing it would escalate costs and conflict without a corresponding benefit, we advise clients about the no-fault alternative. Your goals, not the litigation itself, dictate the strategy. Whether that means securing a larger share of the marital assets or ensuring a fair maintenance order, the approach is built around your family’s real circumstances.

What to Expect When Filing for Fault-Based Divorce in Kings County

Every divorce begins with the filing of a Summons with Notice or a Summons and Complaint. As of the current year, you will need to purchase an index number from the Kings County Clerk (approximately $335) and file a Request for Judicial Intervention (approximately $95). The automatic orders under New York Domestic Relations Law § 236 go into effect immediately upon service of the papers, freezing marital assets and preventing either spouse from changing insurance beneficiaries or disposing of property without consent or court order. If you are alleging adultery as the fault ground, you will need evidence — not necessarily direct proof, but enough circumstantial detail to meet the legal standard. This is not a private investigator’s reconstruction of a movie; it is testimony, financial records, electronic evidence, and the sworn statements of witnesses. The discovery process is where the facts are tested, and we prepare clients for what that will demand.

Timelines vary by case complexity. An uncontested no-fault divorce in Kings County can resolve in three to six months. A contested fault-based matter, particularly one where the grounds are disputed and property division is contested, can take twelve to twenty-four months or longer. The mandatory settlement conference is an early milestone; many cases settle before trial. We prepare every file as if trial is inevitable, because that readiness often prompts a fair settlement.

The Impact of Fault on Property, Maintenance, and Custody in New York

A finding of fault does not automatically award all the marital assets to the innocent spouse. New York is an equitable distribution state, which means the court divides marital property in a manner that is fair — not necessarily equal. When fault is proven, the judge may consider it as one of the factors in the distribution analysis. For example, if marital assets were depleted to finance an affair, a court can adjust the division to account for that economic waste. Spousal maintenance can also be affected. New York’s statutory formula provides a guideline amount for temporary and post-divorce maintenance, but the court retains discretion to deviate from the guideline based on a list of factors, including the existence of a valid fault ground. An innocent spouse who would otherwise receive a guideline award may see that award increased when the other spouse’s adultery or cruelty is established.

In custody proceedings, the standard is always the best interests of the child. A parent’s misconduct is only relevant if it directly affects the child’s welfare or parenting ability. Infidelity, standing alone, rarely impacts custody determinations. Mr. Sris and his Of Counsel explain these legal boundaries clearly: we do not promise that a fault finding will change custody, but we do ensure the court has the complete factual picture when making its determination.

Attorney Credentials for Your Kings County Divorce

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997. He is admitted to practice in New York, Virginia, Maryland, the District of Columbia, and New Jersey. Mr. Sris and his Of Counsel team bring over 120 years of combined legal experience paired with 4,739+ documented firm-wide results to family law matters across New York. Results may vary. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).

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

Our firm represents clients in all five boroughs of New York City and throughout the state. The Brooklyn location — Kings County — is one we know well. The Supreme Court at 360 Adams Street handles matrimonial matters; the Kings County Family Court, nearby, addresses custody, visitation, and support petitions. Knowing both courts and the expectations of the judges and court staff is part of the preparation we bring to every case.

Frequently Asked Questions

What are the fault grounds for divorce in New York?

Fault grounds in New York include adultery, cruel and inhuman treatment, abandonment for one or more years, and imprisonment for three or more consecutive years after the marriage. These are defined in New York Domestic Relations Law § 170. When you file on a fault ground, you are telling the court that your spouse’s specific wrongful conduct caused the breakdown of the marriage. The burden of proof rests on the spouse alleging the fault. Evidence can include witness testimony, documents, photographs, digital communication records, and your own sworn statements. The decision to pursue a fault ground should be made with a clear understanding of the evidence available and the potential strategic impact on property division and support.

How does adultery affect a divorce settlement in Brooklyn?

Adultery can influence equitable distribution and spousal maintenance, but does not automatically penalize the unfaithful spouse. Kings County Supreme Court judges have broad discretion. If marital funds were spent on an extramarital affair — such as gifts, travel, or hotel rooms — the innocent spouse may receive a credit in the property division. Additionally, the court may deviate from the statutory maintenance formula if it finds that the recipient spouse’s economic circumstances were worsened by the adultery. Each case is fact-specific, and we help clients present the financial evidence that supports a fair adjustment.

Do I have to prove adultery in open court?

You do not necessarily have to testify about explicit details in a public courtroom, but proof of adultery must be presented through admissible evidence. Often, divorces settle before trial, with the fault ground used as leverage in negotiations. If a case does go to trial, testimony is typically heard in the Supreme Court, which is open to the public. For clients concerned about privacy, we explore alternatives such as sealing certain records or structuring a settlement that avoids a full public hearing. Your confidentiality is a priority from the first consultation.

How long does a contested fault-based divorce take in Kings County?

A contested divorce in Kings County typically takes twelve to twenty-four months or more, depending on the complexity of the issues and the court’s calendar. After filing, the case proceeds through discovery, a preliminary conference, a compliance conference, and a mandatory settlement conference. If the parties cannot agree, the court will schedule a trial. The timeline is also affected by the volume of cases in the Kings County Supreme Court, one of the busiest matrimonial courts in the state. Mr. Sris and his Of Counsel work to resolve cases as efficiently as possible while still protecting your interests.

What if I want a divorce but my spouse won’t cooperate?

In New York, a spouse cannot block a divorce by refusing to participate. If your spouse does not respond to the Summons, you can seek a default judgment. For a fault-based divorce, you must still prove the allegations through sworn testimony and supporting evidence, even if the spouse defaults. The court will require a hearing to establish the grounds and to decide property distribution and support. The default process adds some procedural steps but does not prevent the divorce from being granted.

Can I change from a fault-based to a no-fault divorce later?

Yes, you can amend your complaint to add or substitute a no-fault ground at any time before judgment. Many individuals initially file on fault grounds but later agree to a no-fault divorce after settling the financial and custody issues. The strategic choice of grounds should be revisited as the case evolves. We continuously reassess whether the fault approach is serving your best interests or whether a negotiated no-fault resolution would better achieve your goals.

Request a consultation. To speak with Mr. Sris and his Of Counsel about your fault-based divorce in Brooklyn, call (888) 437-7747. Our firm serves clients throughout Kings County from our Buffalo location, 50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202, by appointment.

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.