law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vari ...

, recrimination is a defense in an action for

divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...

in which the accused party makes a similar accusation against the

plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the ...

. To put it simply, it is the defense of "you, too." Recrimination was generally considered by

family law Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marri ...

experts to be one of the most dysfunctional and illogical aspects of the old fault-based divorce system in

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...

countries. For example, in the context of a

marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between t ...

where the marital relationship has collapsed to the point that both spouses are openly committing

adultery Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and leg ...

, the assertion by either spouse of this defense would prevent a divorce even though the

family Family (from la, familia) is a group of people related either by consanguinity (by recognized birth) or affinity (by marriage or other relationship). The purpose of the family is to maintain the well-being of its members and of society. Idea ...

unit is clearly no longer capable of functioning. As a result, the defense was formally abolished by statute in many

jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Ju ...

s when they converted to a

no-fault divorce In a no-fault divorce the dissolution of a marriage does not require a showing of wrongdoing by either party. Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage ...

regime.

New York law The law of New York consists of several levels, including constitutional, statutory, regulatory and case law, and also includes local laws, ordinances, and regulations. The ''Consolidated Laws'' form the general statutory law. The Constitut ...

is one of very few jurisdictions that retain this defense.N.Y. Dom. Rel. L. § 171, found a
New York State website
accessed October 27, 2014. The corollary principle of comparative rectitude ameliorated the effects of the recrimination doctrine by holding that if the offenses were of entirely different orders of seriousness, the spouse guilty of the lesser fault was still entitled to relief.

References

{{Law-term-stub Divorce law

See also

References