Adultery Divorce Lawyer Kings County, NY
You have reason to believe your spouse has been unfaithful. The discovery is deeply personal, and the prospect of a divorce proceeding at the Kings County Supreme Court on Adams Street may feel overwhelming. You need clear answers about how adultery affects your rights in New York, whether you are the spouse filing or the spouse accused. Mr. Sris and his Of Counsel team represent clients in adultery-based divorce matters across Brooklyn. To discuss your specific situation and explore your next steps, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Strategic Considerations in an Adultery Divorce
New York remains one of the few states where adultery is a statutory ground for divorce under Domestic Relations Law § 170(1). A spouse may seek a divorce on fault grounds rather than waiting the required six‑month period for a no‑fault irretrievable breakdown. That strategic choice has real consequences. Adultery can influence equitable distribution of marital property and spousal maintenance, because the court may weigh marital fault when determining whether an award is appropriate. However, proving adultery requires more than suspicion; it demands competent evidence that withstands scrutiny.
Our approach begins with a candid assessment of what the adultery ground can actually accomplish in your case. If you are the filing spouse, we evaluate whether the evidence supports the claim and whether pursuing fault grounds strengthens your position on property division or maintenance. If you are the accused spouse, we examine potential defenses and the risk that the allegation, even if unproven, could color the judge’s view of your conduct. In many Kings County cases, the parties ultimately resolve matters through negotiation, but we prepare every matter as if it will proceed to trial.
What to Expect in Kings County Divorce Proceedings
Divorce actions in Kings County are commenced in the Supreme Court, located at 360 Adams Street, Brooklyn, NY 11201. The process begins with filing a summons and complaint—or a summons with notice—and serving the other spouse. Under Domestic Relations Law § 236, automatic orders take effect upon service, freezing marital assets and prohibiting changes to insurance coverage until the case is resolved.
After the defendant answers, the case moves into discovery, where parties exchange financial statements and relevant documents. In an adultery case, discovery may include requests for phone records, travel documents, and witness testimony that tend to prove or disprove the alleged misconduct. Once discovery closes, the court typically schedules a preliminary conference and, if necessary, a trial. Throughout, we work to protect your interests while remaining mindful that the emotional toll of litigation can be significant. Our team guides clients from initial filing through judgment, handling every procedural and substantive step along the way.
Impact of Adultery on Divorce Outcomes in New York
New York is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally. The statute sets out multiple factors the court considers, and while marital fault is not one of them, an adultery finding can indirectly affect the court’s analysis. For example, dissipation of marital assets—spending substantial sums on an extramarital relationship—may be treated as wasteful dissipation and credited against the offending spouse’s share.
Regarding spousal maintenance, the court may consider any transfer or encumbrance made in contemplation of a matrimonial action, and conduct that reduces the marital estate can impact a maintenance award. Adultery itself does not automatically bar custody or visitation, but if the behavior endangers the child’s welfare or demonstrates poor parental judgment, it may be a factor the court weighs under the trusted‑interests‑of‑the‑child standard. Each case is unique, and outcomes vary. We prepare a record that frames the facts so the court can make an informed decision.
Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since 1997 and is admitted in New York, Virginia, Maryland, the District of Columbia, and New Jersey. A former prosecutor, he brings trial‑tested experience to contested divorce matters. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), concerning equitable distribution statutes.
Working alongside Mr. Sris, his Of Counsel team contributes deep collective knowledge of Kings County courts and New York family law. Together, they bring over 120 years of combined legal experience. Results may vary. They have documented more than 4,739 case results across all practice areas since the firm’s founding.
Frequently Asked Questions
Is adultery a ground for divorce in New York?
Yes, adultery is a statutory ground for divorce in New York under Domestic Relations Law § 170(1). A spouse may file for divorce based on the other spouse’s adultery without waiting for a separation period, unlike the six‑month no‑fault ground. However, the filing spouse must present legally sufficient proof, which may include circumstantial evidence and corroborating testimony. In Kings County Supreme Court, judges require clear and convincing evidence. Even if you have grounds, consider whether pursuing adultery advances your goals on property division or support. Mr. Sris and his Of Counsel can explain how the ground applies in your situation.
How does an adultery finding affect property division in Brooklyn?
An adultery finding itself does not directly change New York’s equitable distribution formula, but it can indirectly influence the court’s assessment. If marital funds were spent on the extramarital relationship, the court may treat that as wasteful dissipation and adjust the cheating spouse’s share of the assets. The court also considers the overall circumstances, and evidence of misconduct may color its view of credibility. In Kings County, where judges handle a high volume of matrimonial cases, presenting a well‑documented financial picture is essential. To understand how adultery could affect the division of your specific assets, speak with an experienced divorce attorney.
Can I get spousal maintenance if my spouse committed adultery?
Adultery is not a prerequisite for spousal maintenance in New York, but it can be a factor the court weighs. Under the guidelines in Domestic Relations Law § 236, maintenance is determined primarily by income and need. However, if the cheating spouse dissipated marital assets or engaged in economically harmful behavior, the court may adjust the maintenance award upward for the innocent spouse. Conversely, an adulterous spouse who is entitled to maintenance may see their award reduced if the misconduct demonstrates a lack of need. Each case depends on its particular facts. Our team can help you evaluate how conduct might affect a maintenance claim.
How long does an adultery divorce take in Kings County?
The timeline for an adultery divorce in Kings County varies based on whether the case settles or goes to trial. An uncontested divorce—where both spouses agree and an adultery ground is not contested—may be finalized in a matter of months after filing. A contested adultery case that proceeds to discovery and trial can take significantly longer, depending on the court’s calendar and motion practice. The Kings County Supreme Court is one of the busiest matrimonial parts in the state, which can extend timelines. For an estimate tailored to your circumstances, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Do I need a lawyer for an adultery divorce in Brooklyn?
You are not legally required to hire a lawyer for a divorce in New York, but an adultery case involves evidentiary hurdles and strategic decisions that make experienced legal guidance essential. Proving or defending against adultery requires more than a simple allegation; the evidentiary standards are strict, and improper handling can damage your case. An attorney can negotiate a settlement, present evidence properly, and advocate for your interests on property, maintenance, and custody. Mr. Sris and his Of Counsel team have extensive experience in Kings County matrimonial courts. For a consultation, call (888) 437-7747.
To request a consultation about your adultery divorce matter in Kings County, call Law Offices Of SRIS, P.C. at (888) 437-7747. You can also write to us at our New York location: 50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202. In‑person meetings are by appointment only.
For a full statutory breakdown, see our comprehensive analysis on srislawyer.com.
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