Fault Based Divorce Lawyer Kings County, NY
Your spouse’s affair came to light through a text message you were never meant to see. Or the cruelty you endured over the last two years has finally pushed you to the breaking point. When you consider ending a marriage under circumstances where fault is at issue, New York’s Domestic Relations Law allows you to plead a fault-based ground under DRL § 170. In Kings County (Brooklyn), those cases proceed in the Supreme Court, and the ground you choose can influence the way the court approaches equitable distribution and maintenance. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and his Of Counsel represent clients who are pursuing or responding to fault-based divorce actions. Reach our firm at (888) 437‑7747 to request a consultation.
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Fault-Based Divorce in Kings County, Brooklyn
In New York, a spouse who files for divorce may rely on one of several grounds enumerated in New York Domestic Relations Law § 170. The fault-based grounds are adultery, cruel and inhuman treatment (often abbreviated as “cruelty”), abandonment for one or more years, and the incarceration of the other spouse for three or more consecutive years following the marriage. Unlike a no‑fault divorce, which requires only a statement that the marriage has broken down irretrievably for at least six months, a fault‑based divorce rests on specific conduct by one spouse that the other spouse must prove.
Kings County Supreme Court, located at 360 Adams Street in downtown Brooklyn, is one of the busiest matrimonial parts in the state. The court’s calendars move with the pace of New York City. Cases that involve a fault ground sometimes take longer to resolve because the allegation opens a factual inquiry into the alleged misconduct. Mr. Sris and his Of Counsel appear in this court regularly and understand how the justices in the 2nd Judicial District approach the pleading and proof of fault.
Choosing a Fault Ground and What It Means for Your Case
Electing to plead a fault ground is a strategic decision. When the court finds that a spouse has committed adultery, subjected the other spouse to cruel treatment, or abandoned the family, that finding may be considered as a factor when the court determines equitable distribution of marital property and whether either spouse should receive maintenance (commonly known as alimony). The statute does not prescribe a mathematical formula that directly ties fault to a specific dollar adjustment; rather, the trial judge is given broad discretion to weigh the conduct under the catch‑all “any other factor” provision of DRL § 236(B)(5)(d).
Mr. Sris and his Of Counsel help clients evaluate whether a fault ground is worth pursuing given the emotional and financial cost of litigation. In some matters, the fault ground is essential because it opens the door to a more favorable financial outcome. In others, the parties may choose to settle while leaving the fault allegations in the complaint as a safeguard. Each choice depends on the client’s priorities and the specific facts of the marriage.
How a Fault-Based Divorce Proceeds in Kings County Supreme Court
The process begins with the filing of a Summons with Notice or a Summons and Complaint in the Supreme Court, Kings County. Once the index number is purchased and the Request for Judicial Intervention (RJI) is filed, the case is assigned to a justice. The initial conference is scheduled by the court’s calendar, and the parties exchange financial disclosures mandated by the automatic orders that attach upon filing under DRL § 236.
If fault is pled, the complaint must contain “a plain and concise statement of the material facts” that support the ground. A spouse alleging adultery, for example, will need to lay out the time, place, and circumstances to the extent known. Discovery may involve depositions, interrogatories, and subpoenas for records. When a settlement cannot be reached, the case proceeds to trial, where the party asserting fault bears the burden of proof by a preponderance of the evidence.
What to Expect — Timeline and Practical Realities
A contested fault‑based divorce in Kings County does not move quickly. The court’s congested docket means that the time from filing to resolution is measured in months, not weeks. Uncontested cases, where both spouses agree on all issues, reach judgment on a faster track even when a fault ground appears in the complaint as a so‑called “dead ground” that is pleaded but not actively litigated. For matters that truly require a trial on fault, the timeline depends on the availability of judicial resources, the complexity of the financial issues, and the willingness of the parties to engage in meaningful settlement discussions.
During the pendency of the action, either spouse may request temporary relief—such as exclusive occupancy of the marital residence, temporary maintenance, or payment of counsel fees—by filing a motion called an Order to Show Cause or a Notice of Motion. The court will schedule a hearing on such motions as its calendar permits.
How Fault May Affect Equitable Distribution and Maintenance
New York is an equitable distribution state, not a community property state. The court classifies property as marital or separate and then distributes the marital property in a manner it considers just, considering the statutory factors. One of those factors—the fourteenth, under DRL § 236(B)(5)(d)(14)—is “any other factor which the court shall expressly find to be just and proper.” Courts have used this catch‑all to consider egregious marital fault when it shocks the conscience of the court. For example, conduct that endangered the physical or mental well‑being of the other spouse, or a long‑term adulterous relationship that dissipated marital funds, may be weighed.
Likewise, when the court decides whether to award maintenance and in what amount, it considers the “fault of the payee” only where it is “egregious” and has economic consequences. The law does not punish a spouse simply for being unfaithful; the fault must have a tangible financial impact on the marriage to affect the maintenance calculus. Mr. Sris and his Of Counsel work to present the facts in a way that meets the legal threshold set by appellate case law.
About Mr. Sris and His Of Counsel Team
Mr. Sris founded Law Offices Of SRIS, P.C. in 1997. He is admitted to practice in New York, Virginia, Maryland, the District of Columbia, and New Jersey. A former prosecutor, Mr. Sris brings to family law matters an understanding of how contested evidence plays out in court. He keeps his personal caseload manageable so that the clients he serves receive concentrated attention.
Mr. Sris is supported by a group of Of Counsel attorneys who collectively bring over 120 years of combined legal experience and 4,739+ documented firm-wide results. Results may vary. Each Of Counsel is an experienced lawyer who is engaged through Excella and handles matters under Mr. Sris’s supervision. Their combined experience allows the firm to manage the complexities of fault‑based divorce actions in Kings County while maintaining the personal focus that contested family law matters demand.
New York law provides four fault‑based grounds for divorce: adultery (DRL § 170(4)), cruel and inhuman treatment (DRL § 170(1)), abandonment for one or more years (DRL § 170(2)), and imprisonment of the defendant spouse for three or more consecutive years following the marriage (DRL § 170(3)).
Source: N.Y. Dom. Rel. Law § 170. New York Domestic Relations Law § 170
Reviewed by Mr. Sris, admitted in VA, MD, DC, NJ, NY.
Frequently Asked Questions
What does “fault-based divorce” mean in New York?
A fault‑based divorce in New York is one where the spouse who files relies on a specific statutory ground that blames the other spouse for the end of the marriage, such as adultery or cruelty. The New York Domestic Relations Law lists four fault grounds: (1) cruel and inhuman treatment, (2) abandonment for one or more years, (3) imprisonment for three or more consecutive years after the marriage, and (4) adultery. When a spouse pleads a fault ground, that allegation must be proven in court unless the parties settle. The existence of a proven fault ground can influence the court’s decisions about property division and spousal maintenance, though it does not automatically guarantee a particular financial outcome.
Will proving fault help me get more of the marital property?
Proving fault does not automatically entitle a spouse to a larger share of the marital property, but it can be considered by the judge as one factor among many. Under New York’s equitable distribution statute, the court divides marital property based on a list of 14 factors. Egregious marital fault—such as conduct that harmed the family financially or physically—may be weighed under the catch‑all fourteenth factor. The weight given to fault varies from case to case and is within the sound discretion of the trial court. Mr. Sris and his Of Counsel can assess whether the fault in your marriage rises to the level that courts have recognized as relevant to distribution.
Do I need to prove adultery with “private investigator” evidence?
Proof of adultery can be established through circumstantial evidence, and a private investigator is not always necessary. New York courts accept evidence of inclination, opportunity, and overt acts that together support a finding of adultery. This may include text messages, emails, hotel receipts, or witness testimony. Direct evidence, such as a photograph, is helpful but not required. The burden is on the party alleging adultery to show by a preponderance of the evidence that the acts occurred. If you are concerned about how to document the conduct, consulting an experienced attorney before you take any steps can protect you from making procedural mistakes that could affect your case.
How long does a contested fault divorce take in Brooklyn?
A contested fault‑based divorce in Kings County Supreme Court can take many months, and the exact timeline depends on the court’s calendar and the complexity of the issues. Because the court carries a heavy docket and matrimonial trials are scheduled when they become ready, a case that goes to trial on a fault ground requires patience. Cases that settle after some discovery move faster. Uncontested cases can be completed much sooner, but when fault is actively litigated, both sides must be prepared for a longer process. Our firm works to advance the matter efficiently while protecting your interests.
Can I file for a fault divorce if my spouse already started a no‑fault case?
Yes, if your spouse files a no‑fault divorce, you can counterclaim with a fault‑based ground. New York law permits a defendant to serve a verified answer containing a counterclaim for divorce on a fault ground. By doing so, you preserve the right to ask the court to consider the spouse’s misconduct when equitable distribution and maintenance are decided. This procedural step must be taken within the timeframe set by the civil practice rules; missing the deadline can waive the right. Mr. Sris and his Of Counsel can review your situation and advise whether asserting a fault counterclaim is warranted.
What is “cruel and inhuman treatment” under New York law?
“Cruel and inhuman treatment” under New York law refers to conduct by one spouse that endangers the physical or mental well‑being of the other spouse and makes it unsafe or improper for them to continue living together. The standard is not trivial; the behavior must be more than incompatibility or quarrels. Courts look at the pattern and severity of the conduct, its effect on the complaining spouse, and whether the marriage would be destructive to continue. Examples recognized in case law include repeated verbal abuse that caused a documented mental‑health condition, physical violence, or threats that placed the spouse in reasonable fear. The proof must be established at trial unless the parties settle.
Is a fault‑based divorce more expensive than a no‑fault divorce?
A fault‑based divorce typically involves more litigation and discovery, so it can increase the cost of legal representation. Because fault must be proved, the case may require depositions, document requests, and possibly a trial. Settlement is still possible at any stage, and many cases resolve without a final hearing. Mr. Sris and his Of Counsel will discuss the anticipated costs and help you weigh the potential financial benefit of pursuing fault against the additional expense. Fees vary by case, and you can request a consultation to discuss the specifics.
Do I need a lawyer for a fault divorce in Kings County?
You are not legally required to hire a lawyer for a fault divorce, but the procedural and evidentiary demands of a fault‑based case make legal representation strongly advisable. Pleading and proving fault requires familiarity with the rules of evidence, the matrimonial part rules, and the case law interpreting DRL § 170. Missing a procedural step or failing to lay a proper evidentiary foundation can result in the court dismissing the fault ground. An experienced attorney can guide you through the process, preserve your claims, and work to present your case effectively. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.
What happens if I start a fault divorce and then decide to settle?
You can settle a fault‑based divorce case at any point during the litigation, and most cases do settle before trial. Even when a fault ground is pled, the parties may negotiate a comprehensive settlement agreement that resolves all issues—custody, support, property division—without the court ever making a finding of fault. The settlement can incorporate the existence of the fault allegations and use them as leverage in negotiations. Once the agreement is executed and the court approves it, the divorce judgment is entered as an uncontested matter. The choice to explore settlement rests with you, and your attorney will help you evaluate whether a settlement offer adequately addresses your concerns.
Visit our comprehensive statutory analysis on srislawyer.com for additional background on fault‑based divorce in New York.
Law Offices Of SRIS, P.C.
New York Location
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
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