Adultery Divorce Lawyer Ontario County, NY

You recently discovered evidence that your spouse has been unfaithful—a text message, a photograph, a pattern of unexplained absences. You are considering divorce and need to understand how adultery affects the process in Ontario County, New York. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel team represent spouses who are pursuing fault-based divorce on the ground of adultery, as well as those defending against such claims. Our New York location serves clients throughout the Finger Lakes region, including Canandaigua, Geneva, Victor, Farmington, Manchester, Phelps, Hopewell, and all towns across Ontario County. Call (888) 437-7747 to discuss your situation in a confidential consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Adultery Divorce Means in Ontario County

New York allows both no‑fault and fault‑based divorce. Under the Domestic Relations Law (DRL) § 170, adultery is one of the fault grounds a spouse may assert. To obtain a divorce on this ground, the moving party must prove that the other spouse engaged in sexual intercourse with a person other than the spouse during the marriage. Because New York courts treat adultery as a serious matrimonial offense, the standard of proof is high: the evidence must be clear and convincing, not merely suspicious. A divorce based on adultery can have significant consequences for equitable distribution of property and the award of spousal maintenance. An experienced family law attorney can help you assess whether pursuing or defending an adultery claim is in your best interests and what proof the court will require.

Ontario County divorce and equitable distribution matters are heard in the New York Supreme Court located at 27 North Main Street, Canandaigua. The court’s 7th Judicial District encompasses this Finger Lakes community as well as neighboring counties. Matters involving child custody, visitation, support, and family offense petitions proceed in Ontario County Family Court. The county seat, Canandaigua, is accessible via I‑90 and local state highways, and the courthouse sits near the north end of Canandaigua Lake, serving families from Geneva, Victor, Farmington, and all surrounding townships.

How Mr. Sris and His Of Counsel Handle Adultery Divorce Cases

Mr. Sris and his Of Counsel take a thorough, detail‑oriented approach when adultery is alleged. Because the ground can affect property division and maintenance, they carefully evaluate the available evidence—whether it is documentary, electronic, or testimonial—to determine whether a claim or defense can be sustained. They prepare each case with the understanding that the court will scrutinize the proof closely and that tactical decisions made early can shape the outcome. Throughout the process, the team works to protect the client’s financial interests and, when children are involved, to minimize the impact of the proceeding on parenting arrangements.

The firm’s New York location handles divorce matters in Ontario County Supreme Court. Mr. Sris and his Of Counsel appear at status conferences, motion hearings, and trials as needed. They also explore resolution through negotiation and mediation where possible, always keeping the client informed of the risks and benefits of each path. If a case does proceed to trial, the firm draws on over 120 years of combined legal experience between Mr. Sris and his Of Counsel to present the evidence persuasively and to advocate for a fair result. Results may vary.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he brings a trial‑tested perspective to every family law matter. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have documented 4,739+ case results across all practice areas. Results may vary.

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

Last reviewed: June 2026

Frequently Asked Questions

How long does an adultery divorce take in Ontario County?

The timeline depends on whether the case is contested or uncontested and whether complex discovery is needed. An uncontested divorce—where both parties agree on all issues—can be finalized approximately 3 to 6 months after filing. A contested adultery divorce, where fault must be proved, often takes 12 to 24 months or longer. The Ontario County Supreme Court scheduling, the need for depositions, and the availability of witnesses all influence the duration. Your attorney can give you a more realistic estimate after reviewing the specific facts.

What evidence is required to prove adultery in New York?

Adultery must be proved by clear and convincing evidence, not merely suspicion. Courts consider direct evidence such as photographs, text messages, emails, or witness testimony to establish the opportunity and disposition to commit adultery. Because the standard is high, an experienced family law attorney will help you gather and evaluate the available proof before deciding to pursue or defend an adultery‑based divorce. Circumstantial evidence alone is often insufficient.

How does adultery affect spousal maintenance (alimony) in New York?

Adultery can influence a court’s decision on spousal maintenance, but it is not an automatic bar to an award. Under New York’s equitable distribution and maintenance framework, marital fault—including adultery—is one of many factors the court may consider under DRL § 236. If the adultery had a significant economic impact on the marriage, it could affect the amount or duration of maintenance. An attorney can explain how the specific facts of your case may be weighed by the court.

What is the filing fee for a divorce in Ontario County?

The current Supreme Court divorce filing fee for an index number is , and the Request for Judicial Intervention (RJI) costs $95. Additional costs may arise for service of process, notarization, and certified copies. The exact total depends on the complexity of the case and whether motions are filed. You can obtain a current fee schedule from the Ontario County Supreme Court clerk’s office or discuss cost expectations during your consultation with the firm.

If I am accused of adultery, do I need a lawyer in Ontario County?

Yes, you should consult with a family law attorney as soon as you learn of the accusation. An adultery claim can affect property distribution, spousal maintenance, and even child custody if the alleged conduct relates to parenting. An attorney can assess the strength of the evidence, advise you on potential defenses, and help protect your rights throughout the proceeding. Prompt legal guidance often helps avoid missteps that could complicate the case.

Can I get custody of my children if adultery is involved?

Adultery alone does not automatically disqualify a parent from custody in New York. Custody decisions are based on the best interests of the child under DRL § 240. While marital misconduct is generally not a primary factor, it may be considered if it directly affects the child’s welfare or the parent’s ability to care for the child. The court looks at the totality of circumstances, including each parent’s relationship with the child, stability, and willingness to foster a relationship with the other parent.

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