Recrimination
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In
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
, recrimination is a
defense Defense or defence may refer to: Tactical, martial, and political acts or groups * Defense (military), forces primarily intended for warfare * Civil defense, the organizing of civilians to deal with emergencies or enemy attacks * Defense industr ...
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 reorganising of the legal duties and responsibilities of marriage, thus dissolving the M ...
based on the fault of the defendant in which the
defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one juris ...
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: * Marriag ...
experts to be one of the most dysfunctional and illogical aspects of the old fault-based divorce system in
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
countries. For example, in the context of a
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and b ...
where the marital relationship has collapsed to the point that both spouses are openly committing
adultery Adultery 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 legal consequences, the concept ...
, the assertion by either spouse of this defense would prevent a divorce even though the
family Family (from ) is a Social group, group of people related either by consanguinity (by recognized birth) or Affinity (law), affinity (by marriage or other relationship). It forms the basis for social order. Ideally, families offer predictabili ...
unit is clearly no longer capable of functioning. As one law professor later explained: "In such a case of mutual fault, the court was bound to withhold its decree, thus visiting the parties with the ' Sartresque punishment of remaining together and hating it'". As a result, the defense was formally abolished by statute in many
jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
s when they converted to a
no-fault divorce No-fault divorce is the dissolution of a marriage that 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 marria ...
regime, and it is generally regarded today as obsolete. New York law 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.


See also

* Antanagoge, the same usage in
rhetoric Rhetoric is the art of persuasion. It is one of the three ancient arts of discourse ( trivium) along with grammar and logic/ dialectic. As an academic discipline within the humanities, rhetoric aims to study the techniques that speakers or w ...
* Defenses to divorce in United States law


References

{{Law-term-stub Divorce law