Fault Based Divorce Lawyer Ontario County, NY
When a marriage dissolves and one spouse alleges misconduct that caused the breakdown, the case may proceed as a fault‑based divorce. In Ontario County, New York, these matters are heard in the Ontario County Supreme Court at 27 North Main Street in Canandaigua, within the 7th Judicial District. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., concentrates a portion of his practice on fault‑based divorce proceedings. As a former prosecutor, Mr. Sris understands how to present evidence and examine contested claims—skills that carry directly into the courtroom for divorce trials. He and his Of Counsel team bring over 120 years of combined legal experience to matters involving allegations of cruel and inhuman treatment, abandonment, adultery, or imprisonment. Results may vary. For a consultation about your situation, reach our firm at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Fault‑Based Divorce Means in Ontario County, New York
New York law provides for both no‑fault and fault‑based divorce. The no‑fault mechanism—irretrievable breakdown of the marriage for at least six months—is found in DRL § 170(7). Fault grounds appear in DRL § 170(1)–(6) and include cruel and inhuman treatment, abandonment for one or more years, imprisonment for three or more consecutive years after the marriage, and adultery. When a party files for divorce on a fault ground, the proceeding is contested unless the other spouse defaults, and the court must find that the alleged misconduct occurred.
Within Ontario County, the Supreme Court is the proper venue for a divorce action. The Family Court—located in the same building—handles related issues such as custody, visitation, and support, but the divorce judgment itself is entered in the Supreme Court. The county seat, Canandaigua, serves the entire Finger Lakes region, including Geneva, Victor, Farmington, and surrounding communities. Ontario County’s courts follow the statewide procedural framework, but local practice may influence scheduling and settlement efforts.
Fault‑based divorce often affects equitable distribution and maintenance. Under DRL § 236, the court considers the circumstances of the dissolution when dividing marital property and determining spousal support. Allegations of fault can influence the outcome, particularly if the misconduct had economic consequences. Because these cases frequently involve extensive discovery, depositions, and trial preparation, retaining experienced counsel familiar with Ontario County procedure is an important step.
How Mr. Sris and His Of Counsel Handle Fault‑Based Divorce Cases
Mr. Sris and his Of Counsel take a structured approach to fault‑based divorce. Early in the representation, the team gathers the relevant facts, identifies the applicable fault ground under DRL § 170, and evaluates whether the evidence supports the claim. They then prepare and file the necessary pleadings in the Ontario County Supreme Court, including a Summons with Notice or a Summons and Complaint. The initial filing fee for an index number is $335, and the Request for Judicial Intervention (RJI) fee is $95; both are paid to the county clerk.
Throughout the case, Mr. Sris and his Of Counsel handle discovery, exchange of financial documents, depositions, and motion practice. They work to resolve issues through negotiation or mediation where possible, but when trial is necessary, they present evidence and examine witnesses in court. The process timeframe varies—uncontested divorces may conclude in a few months, while contested fault‑based matters can extend beyond a year—but the firm’s focus remains on advancing the client’s position efficiently. Because Mr. Sris maintains personal involvement in the cases he accepts, clients benefit from his direct courtroom experience and the collective resources of the Of Counsel team.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. A former prosecutor, he is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background includes testimony before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). In his family law practice, Mr. Sris draws on that litigation experience to represent clients in fault‑based divorce matters.
Mr. Sris’s Of Counsel are experienced attorneys who collaborate on family law cases. Because the firm has no employees, every attorney contributing to a matter serves in an Of Counsel capacity, ensuring senior‑level attention. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience. Results may vary. The team has documented 4,739+ case results across all practice areas since the firm’s founding.
Frequently Asked Questions
What are the fault grounds for divorce in New York?
The fault grounds for divorce in New York are set out in DRL § 170 and include cruel and inhuman treatment, abandonment for one or more years, imprisonment for three or more consecutive years after the marriage, and adultery. Each ground requires specific factual proof. For example, cruel and inhuman treatment must be such that it endangers the physical or mental well‑being of the complainant and makes cohabitation unsafe or improper. Abandonment must be voluntary and without justification. Adultery must be proven by clear and convincing evidence. A lawyer can explain which ground fits your situation.
How does fault affect property division and spousal support in Ontario County?
Under New York’s equitable distribution statute, DRL § 236, the court considers the circumstances of the marriage breakdown, including fault, when dividing marital property. While New York is not a “fault” state for property division in the sense of punishing misconduct, a spouse’s egregious behavior—particularly if it wasted marital assets—can influence the court’s decision. Fault may also be a factor in determining the amount and duration of maintenance, especially if the misconduct had a direct economic impact on the other spouse.
Do I need a lawyer for a fault‑based divorce in Ontario County?
You are not legally required to have a lawyer for a fault‑based divorce in New York, but representing yourself in a contested proceeding carries significant risk. Fault‑based cases involve complex rules of evidence, burdens of proof, and procedural requirements. The other spouse is likely to have counsel. Mr. Sris and his Of Counsel can handle all aspects of the case, from drafting the complaint to examining witnesses at trial. For a consultation, call (888) 437‑7747.
What should I bring to an initial consultation about a fault‑based divorce?
Bring any documents that relate to the alleged fault and to the financial circumstances of the marriage. Helpful items include tax returns, pay stubs, bank and credit card statements, deeds, vehicle titles, retirement account statements, and any correspondence or evidence relevant to the fault ground (such as emails, text messages, or witness contact information). A list of questions you have for the attorney is also useful. Mr. Sris and his team will review the materials and discuss the likely path of the case.
How long does a contested fault‑based divorce take in Ontario County?
A contested fault‑based divorce in Ontario County may take 12 to 24 months or longer, depending on the complexity of the issues. Uncontested divorces, by contrast, often conclude in 3 to 6 months. Factors that extend the timeline include the volume of discovery, the need for expert evaluations, and court calendar congestion. Working with experienced counsel can help move the case forward efficiently while protecting your rights.
Where can I find a fault‑based divorce lawyer near Ontario County, New York?
Law Offices Of SRIS, P.C. represents clients throughout Ontario County, including Canandaigua, Geneva, Victor, Farmington, and the surrounding Finger Lakes communities. The firm’s commitment to family law matters extends across New York State. To discuss your situation with Mr. Sris or his Of Counsel, call (888) 437‑7747 to request a consultation. Appointments are available by phone or through a secure video platform.
What is the role of the Ontario County Supreme Court in a fault‑based divorce?
The Ontario County Supreme Court has jurisdiction to hear the divorce action and enter the final judgment dissolving the marriage. Related issues such as child custody, support, and orders of protection may be heard in the Family Court, but the divorce itself—along with equitable distribution and maintenance—is decided in the Supreme Court. The court follows the New York Civil Practice Law and Rules and the Domestic Relations Law. Filings are made with the Ontario County Clerk’s Office.
Can a fault‑based divorce be converted to a no‑fault divorce during the case?
Yes, a party who initially filed on a fault ground may amend the complaint later to add or switch to the no‑fault ground of irretrievable breakdown. This sometimes occurs when the parties reach a settlement and wish to avoid the expense of a fault trial. The strategic decision depends on the circumstances. Mr. Sris and his Of Counsel evaluate whether pursuing the fault ground remains advantageous as the case develops and advise clients accordingly.
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