Legal Question in Family Law in New York
In a divorce lawsuit, what is the negative consequence of a finding by the court that the person sued for divorce committed the alleged wrong? Is there any point in the defendant countersuing that the defendant is the innocent party and that the plaintiff in the lawsuit was the wrongdoer to justify a finding of divorce?
(It is my understanding that an award of maintenance, child support or other monetary matters are not affected by which party is at fault. Therefore, my question is, why would anyone care to be considered the wrongdoer in a divorce situation.)
1 Answer from Attorneys
You're correct: the economic pieces of a divorce are not ordinarily affected by a determination on the grounds for the divorce. When parties who are agreed that they want a divorce nonetheless battle over who is at fault it is almost always a waste of their time and money.
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