Fault Based Divorce Lawyer Nassau County, NY

You have decided to end your marriage, and you believe your spouse’s misconduct—such as adultery, cruelty, or abandonment—should be considered by the court. In New York, a fault‑based divorce can influence property division, maintenance (alimony), and even custody. If you are searching for a Fault Based Divorce Lawyer Nassau County, NY, Mr. Sris and his Of Counsel team can help. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law across Virginia, Maryland, the District of Columbia, New Jersey, and New York since 1997. Reach our firm at (888) 437‑7747 to request a consultation about your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

On this page

Strategy Options for Your Fault Based Divorce

When a marriage ends because of one spouse’s wrongdoing, the legal approach must be tailored to the specific fault ground you intend to prove. In Nassau County, fault‑based divorce actions are filed in the New York Supreme Court under the Domestic Relations Law (DRL) § 170. Grounds include adultery, cruel and inhuman treatment, abandonment for one year or more, and imprisonment for three or more consecutive years after the marriage. Mr. Sris and his Of Counsel begin by carefully evaluating the evidence you can marshal—witness statements, communications, financial records, and any documentation that supports your claim. Because fault can affect equitable distribution and maintenance, a thorough investigation early on helps shape the strategy for negotiation or trial. The team works to present a clear, well‑documented case that protects your interests while minimizing unnecessary acrimony. Every decision—whether to pursue temporary support, seek exclusive use of the marital residence, or request forensic accounting—is made with your long‑term goals in mind.

What to Expect in a Nassau County Fault Divorce

A fault‑based divorce in Nassau County typically begins with the filing of a Summons and Complaint in the Nassau County Supreme Court, located at 100 Supreme Court Drive, Mineola, NY 11501. The court requires an index number and a Request for Judicial Intervention ($95) to initiate the case. Once your spouse is served, automatic orders under DRL § 236 freeze marital assets and prohibit changes to insurance coverage. The timeline depends on whether the case is contested; an uncontested matter may reach judgment in three to six months, while a contested fault‑based divorce often takes twelve to twenty‑four months or longer, as it moves through discovery, a mandatory settlement conference, and potentially trial. During the pendency of the case, Mr. Sris and his Of Counsel can seek pendente lite relief for temporary support, custody, and exclusive occupancy of the home. The court’s calendar and the complexity of the disputed issues ultimately drive the schedule. Throughout the process, you are kept informed of each development so you can make confident decisions. For a full statutory breakdown of the grounds and procedures, see our comprehensive analysis on the firm’s main site.

Penalty Overview: How Fault Affects Your New York Divorce

In New York, fault is not a direct penalty that sends a spouse to jail, but it can substantially influence the financial outcome. Under equitable distribution, the court may consider marital fault when dividing marital property, particularly if the misconduct has economic consequences—for example, dissipation of assets on an extramarital relationship. Maintenance (alimony) is calculated using statutory formulas, but a finding of egregious fault can lead the court to deviate from the guideline amount. Child custody decisions, however, are governed exclusively by the best interests of the child; a parent’s marital fault is relevant only if it directly impacts the child’s safety or well‑being. Because the interplay between fault and financial remedies is subtle, having an experienced attorney who understands how Nassau County judges weigh these factors is essential. Mr. Sris and his Of Counsel have handled fault‑based divorce matters across New York and can explain how your particular circumstances may be viewed by the court.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has concentrated his practice in family law and litigation since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He leads a team of Of Counsel attorneys who together bring over 120 years of combined legal experience. Results may vary. Firm‑wide, Mr. Sris and his Of Counsel have documented 4,739+ case results across all practice areas. Every case is prepared with a thorough, evidence‑based approach that seeks to achieve a favorable resolution for the client.

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

Frequently Asked Questions

How long does a fault‑based divorce take in Nassau County, New York?

A fault‑based divorce in Nassau County can take twelve to twenty‑four months or more if contested, while an uncontested fault divorce may resolve in three to six months. The timeline is driven by mandatory discovery, a settlement conference, and the court’s calendar. Cases with complex financial issues or disputed fault often require forensic evaluations and multiple court appearances. Mr. Sris and his Of Counsel work to move your case forward efficiently while protecting your rights. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.

How is child support calculated in Nassau County, New York?

New York uses a statutory percentage formula: 17% of combined parental income for one child, 25% for two, 29% for three, 31% for four, and 35% for five or more, applied to income up to the statutory cap (with discretion above that cap). The calculation is based on the parents’ combined income and is ordered by the Nassau County Supreme Court or Family Court. The court may deviate from the formula if applying it would be unjust or inappropriate. Fault in the divorce itself typically does not alter the child support calculation. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.

How much does a divorce cost in Nassau County, New York?

The Nassau County Supreme Court charges an index number fee and a Request for Judicial Intervention fee of $95 to commence a divorce action. Additional expenses—such as service of process, certified copies, mediation, or forensic evaluations—vary by case. Attorney fees depend on the complexity and contested nature of the proceeding. During an initial consultation, Mr. Sris and his Of Counsel can provide a realistic estimate based on the specifics of your situation. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.

What is the difference between fault and no‑fault divorce in New York?

In New York, a no‑fault divorce requires only that the marriage has irretrievably broken down for six months, while a fault‑based divorce requires proof of one of the statutory grounds listed in DRL § 170. Grounds include adultery, cruel and inhuman treatment, abandonment, or imprisonment. A fault‑based divorce can provide strategic leverage in negotiations over property division and maintenance. However, it also requires gathering evidence and may lengthen the process. Mr. Sris and his Of Counsel can help you weigh which approach best serves your objectives.

Can fault affect child custody in Nassau County?

Marital fault alone does not directly determine child custody in New York; custody is decided based on the best interests of the child. The court examines factors such as each parent’s ability to care for the child, the child’s relationship with each parent, and any history of domestic violence or substance abuse. If a spouse’s misconduct clearly endangers the child, it may influence the custody determination. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.

Official Resources:
New York Domestic Relations Law (DRL) |
Nassau County Supreme Court

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.