Difference between revisions of "Recrimination"
(Created page with 'File:lighterstill.jpgright|frame ==Origin== Medieval Latin ''recrimination''-, ''recriminatio'', from ''recriminare'' to make a retaliatory c...') |
m (Text replacement - "http://" to "https://") |
||
| Line 3: | Line 3: | ||
==Origin== | ==Origin== | ||
Medieval Latin ''recrimination''-, ''recriminatio'', from ''recriminare'' to make a [[retaliatory]] charge, from [[Latin]] ''re''- + ''criminari'' to [[accuse]] | Medieval Latin ''recrimination''-, ''recriminatio'', from ''recriminare'' to make a [[retaliatory]] charge, from [[Latin]] ''re''- + ''criminari'' to [[accuse]] | ||
| − | *[ | + | *[https://en.wikipedia.org/wiki/15th_century 1611] |
==Definitions== | ==Definitions== | ||
*1 : a retaliatory [[accusation]]; also : the making of such accusations <endless recrimination> | *1 : a retaliatory [[accusation]]; also : the making of such accusations <endless recrimination> | ||
| Line 9: | Line 9: | ||
In [[law]], '''recrimination''' is a [[defense]] in an action for [[divorce]] in which the accused party makes a similar [[accusation]] against the plaintiff. In plain English, it is a lawyer's way of saying "you too." | In [[law]], '''recrimination''' is a [[defense]] in an action for [[divorce]] in which the accused party makes a similar [[accusation]] against the plaintiff. In plain English, it is a lawyer's way of saying "you too." | ||
| − | ''Recrimination'' was generally considered by [ | + | ''Recrimination'' was generally considered by [https://en.wikipedia.org/wiki/Family_law family law] experts to be one of the most [[dysfunctional]] and illogical aspects of the old fault-based divorce system in [https://en.wikipedia.org/wiki/Common_law common law] countries. For example, in the context of a [[marriage]] where the marital [[relationship]] has collapsed to the point that both [[spouses]] are openly committing [[adultery]], the assertion by either spouse of this defense would prevent a [[divorce]] even though the family unit is clearly no longer capable of [[functioning]]. |
| − | As a result, the defense was formally abolished by statute in many [[jurisdictions]] when they converted to a [ | + | As a result, the defense was formally abolished by statute in many [[jurisdictions]] when they converted to a [https://en.wikipedia.org/wiki/No-fault_divorce no-fault divorce] regime. |
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. | 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. | ||
[[Category: Law]] | [[Category: Law]] | ||
Latest revision as of 02:34, 13 December 2020
Origin
Medieval Latin recrimination-, recriminatio, from recriminare to make a retaliatory charge, from Latin re- + criminari to accuse
Definitions
- 1 : a retaliatory accusation; also : the making of such accusations <endless recrimination>
Description
In law, recrimination is a defense in an action for divorce in which the accused party makes a similar accusation against the plaintiff. In plain English, it is a lawyer's way of saying "you too."
Recrimination was generally considered by family law experts to be one of the most dysfunctional and illogical aspects of the old fault-based divorce system in common law countries. For example, in the context of a marriage where the marital relationship has collapsed to the point that both spouses are openly committing adultery, the assertion by either spouse of this defense would prevent a divorce even though the family unit is clearly no longer capable of functioning.
As a result, the defense was formally abolished by statute in many jurisdictions when they converted to a no-fault divorce regime.
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.
