Fault Based Divorce Lawyer Steuben County, NY

Strategy Options for a Fault‑Based Divorce in Steuben County

New York law provides several grounds for a fault divorce under Domestic Relations Law § 170. The grounds that may apply to your situation include adultery, cruel and inhuman treatment, abandonment for one or more years, and conviction of a felony with imprisonment for three or more years after the marriage. Choosing to proceed on a fault ground instead of the no‑fault “irretrievable breakdown” route is a strategic decision. A fault finding can influence the court’s equitable distribution analysis under DRL § 236 and may affect spousal maintenance awards. For example, if a spouse’s financial misconduct depleted marital assets, that can be a factor in how property is divided.

Not every case is most effectively served by alleging fault. Mr. Sris and his Of Counsel work with you to evaluate whether the evidence supports a fault claim, what discovery may be required, and how the Steuben County Supreme Court typically handles contested fault trials. In many situations, the parties can negotiate a resolution even while fault grounds are pleaded, preserving leverage without a full trial. The firm’s approach is to craft a strategy that aligns with your goals—whether you want to prove fault in court or use it to reach a fair settlement.

What to Expect in Steuben County Supreme Court

All divorce actions in Steuben County, including fault‑based cases, are filed in the Steuben County Supreme Court at 3 East Pulteney Square in Bath. New York’s procedural rules are the same statewide, but local practice matters. Once a complaint is filed and served, automatic orders under DRL § 236 take effect—freezing marital assets, prohibiting changes to insurance policies, and restricting the sale or transfer of property without consent or court approval. These orders are designed to protect both parties while the case is pending.

The court strongly encourages settlement; a mandatory settlement conference is held before a trial date is set. If a fault ground is contested, the case may require a trial where the party alleging fault must present admissible evidence. Discovery—including depositions, document requests, and interrogatories—is typically exchanged. The timeline varies with case complexity and the court’s calendar, but contested fault divorces generally take longer than uncontested, no‑fault matters. Throughout the process, Mr. Sris and his Of Counsel guide you through each step, preparing you for conferences, hearings, and, if necessary, trial.

How a Fault Finding Can Affect the Outcome

The law does not impose criminal penalties for marital fault, but a judicial finding of fault can have significant civil consequences. Under equitable distribution (DRL § 236), the court considers the circumstances that led to the dissolution of the marriage, including any marital fault that squandered assets or placed an unfair financial burden on the other spouse. The court may award a greater share of marital property to the innocent spouse or adjust maintenance obligations accordingly.

For example, if a spouse spent substantial marital funds on an extramarital affair, the dissipation of assets may be charged against that spouse’s share. Similarly, cruelty or abandonment that forced the other spouse to incur costs—medical expenses, relocation, loss of employment—can be factored into the property division. Child custody is determined by the “best interests of the child” standard (DRL § 240), but a court may consider egregious fault if it directly relates to parenting ability. Mr. Sris and his Of Counsel help you understand what the evidence must show and how the court is likely to view the fault allegations in the context of your entire financial and family picture.

Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has concentrated his practice on family law, criminal defense, and related litigation since establishing the firm in 1997. He is admitted in New York, Virginia, Maryland, the District of Columbia, and New Jersey, and appears regularly in Steuben County Supreme Court. His Of Counsel team includes attorneys with extensive family law experience, each engaged through Excella. This collaborative structure allows the firm to bring substantial resources to a case while ensuring every client receives focused, attentive representation.

Many of the firm’s fault‑based divorce clients arrive after having been through difficult marriages and facing high‑stakes financial futures. Mr. Sris and his Of Counsel draw on a collective 120 years of legal experience to guide them through the litigation or negotiation process. Results vary; past outcomes do not guarantee a similar result To discuss your situation, call (888) 437‑7747.

Last reviewed: June 2026

Frequently Asked Questions

What are the grounds for a fault‑based divorce in Steuben County?

New York Domestic Relations Law § 170 permits a divorce based on adultery, cruel and inhuman treatment, abandonment for one year or more, or a felony sentence of three years or more after the marriage. To obtain a fault divorce, the filing spouse must present evidence sufficient to prove the alleged ground. The Steuben County Supreme Court decides fault claims at trial unless the parties settle. Because fault can affect equitable distribution and maintenance, it is important to evaluate which ground is both factually supportable and strategically advantageous. Mr. Sris and his Of Counsel review the facts of each case and advise clients on the likelihood of proving fault and the potential practical benefits of doing so.

How does fault affect property division in New York?

Fault is one of many factors a court may consider when deciding how to equitably distribute marital property. While New York is not a community property state, the court’s primary task is to make a fair division. Under DRL § 236, a spouse’s misconduct that wasted marital assets or caused economic harm can result in a larger share being awarded to the other spouse. The court will also weigh the duration of the marriage, each spouse’s income and earning capacity, and contributions as homemaker. A finding of fault alone does not automatically change the property split; it must be linked to financial consequences. An experienced divorce lawyer can present the evidence in a way that frames the fault’s impact on the marital estate.

Can I file for divorce on fault grounds if we also have children?

Yes, a fault divorce action may include child custody, visitation, and support determinations. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction. The Steuben County Supreme Court addresses custody and support as part of the divorce proceeding, applying the “best interests of the child” standard. Marital fault is not automatically relevant to custody; the court will not deny custody simply because a parent committed adultery, unless the behavior directly impairs the child’s well‑being. That said, a fault‑based complaint can shape the overall narrative of the case. Mr. Sris and his Of Counsel help clients present their parenting strengths while handling fault allegations with sensitivity to the court’s expectations.

What is the difference between fault and no‑fault divorce?

The no‑fault ground in New York requires the marriage to be irretrievably broken for at least six months, with no finding of wrongdoing; fault grounds require proof of specific misconduct. A no‑fault divorce can be obtained without showing that either spouse is to blame. A fault divorce, by contrast, must be proved in court and can affect financial issues. Some couples file on a fault ground but settle before trial, using the fault allegation as a negotiating tool. Others choose the no‑fault path to avoid the cost and acrimony of litigating fault. The right choice depends on the facts of your marriage, the evidence, and what outcomes matter most to you.

How long does a contested fault divorce take in Steuben County?

A fault‑based divorce that goes to trial often takes longer than a no‑fault uncontested divorce—commonly a year or more, depending on discovery and the court’s calendar. The Steuben County Supreme Court requires a mandatory settlement conference, and the parties engage in discovery. If trial is necessary, scheduling depends on the court’s availability. Fault cases generally require more testimony and exhibits, which adds time. While no specific timeline can be past results do not guarantee a similar outcome, Mr. Sris and his Of Counsel work to move the case forward efficiently and explore settlement whenever possible to reduce delay and cost.

Do I need a lawyer for a fault‑based divorce in Steuben County?

You are not required to have a lawyer, but fault‑based divorce is complex, and the risks of proceeding without experienced counsel are substantial. Proving fault involves rules of evidence, familiarity with local court practice, and strategic decisions about what to present and when. An attorney can help you gather admissible evidence, evaluate the strength of your claim, and negotiate with the other side. Law Offices Of SRIS, P.C. offers consultations by appointment at our New York location; call (888) 437‑7747 to schedule.

Schedule a Consultation

If you are considering a fault‑based divorce in Bath, Corning, Hornell, or anywhere in Steuben County, reach our New York location. We serve clients throughout the Southern Tier.

Law Offices Of SRIS, P.C.
New York Location
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Phone: (888) 437‑7747

By appointment only. Call to request a consultation.

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.