Fault Based Divorce Lawyer Tompkins County, NY
If you are considering a divorce in Tompkins County, New York and grounds based on fault are at issue, working with an attorney who understands the procedural and substantive demands of fault-based divorce under New York law is essential. Fault based divorce, governed by New York Domestic Relations Law § 170, permits a spouse to seek dissolution of the marriage on specific grounds including adultery, cruel and inhuman treatment, abandonment for one or more years, or imprisonment for a period of three or more consecutive years after the marriage. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and his Of Counsel team represent clients in Tompkins County fault based divorce matters from the firm’s New York location. You can reach Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Fault Based Divorce Means in Tompkins County
In New York, a divorce may be grounded on either no-fault (irretrievable breakdown of the relationship for at least six months) or on one of the statutory fault grounds enumerated in DRL § 170. A fault based divorce in Tompkins County proceeds in the New York Supreme Court — Tompkins County, located at 320 North Tioga Street, Ithaca, NY 14850. When a spouse alleges fault, the case becomes contested, and the court must resolve factual disputes before granting the divorce. The Tompkins County Supreme Court handles all related equitable distribution of marital property, maintenance (spousal support), and, when applicable, custody and child support issues in conjunction with the divorce action. The Family Court in Tompkins County concurrently may address custody, visitation, child support, paternity, and family offense petitions, but the divorce itself, including any fault ground, is exclusively within the Supreme Court’s jurisdiction.
For parties in Ithaca, Dryden, Lansing, Trumansburg, Groton, Newfield, Caroline, and Enfield, the firm’s New York location provides representation at the Tompkins County Supreme Court. Law Offices Of SRIS, P.C. Regularly appears in this court, and Mr. Sris and his Of Counsel bring extensive experience in both the procedural and substantive dimensions of fault based divorce litigation. Because proving fault often requires detailed evidence and may involve sensitive personal testimony, the strategic approach to these cases can significantly affect the outcome.
In Tompkins County Supreme Court, the divorce filing fee consists of an index number purchase and a Request for Judicial Intervention (RJI) fee of $95.
Source: New York State Unified Court System Filing Fees. NY CourtHelp Filing Fees
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
How Mr. Sris and His Of Counsel Handle Fault Based Divorce Cases
When a client pursues or defends against a fault based divorce in Tompkins County, the firm begins with a careful evaluation of the alleged grounds and the available evidence. Mr. Sris and his Of Counsel review all pertinent documentation, interview witnesses where appropriate, and assess the potential impact of a fault finding on equitable distribution and spousal maintenance. Under New York’s equitable distribution statute, DRL § 236, the court may consider fault as one of several factors when dividing marital property and awarding maintenance. Thus, the tactical decision to assert or contest fault has far-reaching financial implications.
The timeline for a fault based divorce in Tompkins County depends heavily on whether the matter is contested. Uncontested cases typically resolve within a few months, while contested matters can take a year or longer, depending on discovery, motions, and court scheduling. Throughout the process, the firm works to position the client’s interests while ensuring compliance with local procedural rules and the automatic restraining orders that take effect upon filing under DRL § 236. Mr. Sris and his Of Counsel also address related issues such as temporary spousal support, custody, and property preservation as needed.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He is a former prosecutor whose background informs his approach to family law litigation. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He works alongside a team of Of Counsel who are engaged through Excella, bringing over 120 years of combined legal experience between Mr. Sris and his Of Counsel, with 4,739+ documented firm-wide results. Results may vary.
Frequently Asked Questions
What are the fault grounds for divorce in New York?
In New York, fault grounds for divorce are set forth in DRL § 170 and include adultery, cruel and inhuman treatment, abandonment for one or more years, and imprisonment for three or more consecutive years after the marriage. The party asserting fault must present sufficient evidence to satisfy the court. A fault finding can affect the division of marital property and the amount or duration of spousal maintenance, making the choice to litigate on fault grounds a significant strategic decision.
How does a fault based divorce differ from a no-fault divorce in Tompkins County?
A fault based divorce requires proof of one of the statutory grounds enumerated in DRL § 170, while a no-fault divorce requires only an irretrievable breakdown of the relationship for at least six months and does not involve proving misconduct. Fault based divorces are inherently contested and typically take longer to resolve. They also permit the court to weigh marital fault in equitable distribution and maintenance determinations, which no-fault divorces do not.
Will proving fault automatically result in a more favorable property division?
No, proving fault does not automatically award a larger share of marital property or higher maintenance; New York courts consider fault as one factor among many under DRL § 236. The court still evaluates the duration of the marriage, each party’s income and earning capacity, contributions to the marital partnership, and other equitable distribution factors. Fault becomes relevant primarily when it is egregious or has directly diminished the marital estate.
Do I need a lawyer for a fault based divorce in Tompkins County?
While you are not legally required to retain counsel, fault based divorce cases involve complex evidentiary and procedural requirements, and self-representation can be challenging. An attorney can help you assess the viability of a fault claim, gather admissible evidence, navigate motions and discovery, and protect your interests during settlement negotiations or trial. To discuss your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How does the firm approach fault based divorce cases involving children?
When children are involved, Mr. Sris and his Of Counsel work to separate the divorce proceeding from custody and support issues to shield children from unnecessary conflict. Custody and visitation are determined based on the best interests of the child, and parental misconduct is only relevant if it directly impacts the child’s well-being. The firm helps parents structure parenting plans and child support arrangements while the divorce moves forward.
What communities in Tompkins County does the firm serve?
Law Offices Of SRIS, P.C. represents clients throughout Tompkins County, including Ithaca, Dryden, Lansing, Trumansburg, Groton, Newfield, Caroline, and Enfield. Appearances are made at the Tompkins County Supreme Court in Ithaca. The firm’s New York location is at 50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202. Meetings are by appointment only; call (888) 437-7747 to schedule.
Additional family law resources: Family Law Lawyer New York County (Manhattan) ? Family Law Lawyer Kings County (Brooklyn) ? Family Law Lawyer Queens County (Queens) ? Family Law Lawyer Richmond County (Staten Island) ? Family Law Lawyer Nassau County (Long Island).
Primary sources: New York Domestic Relations Law § 170 ? Tompkins County Supreme Court ? New York State Unified Court System.
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.