Exploring the Comparative-Rectitude Doctrine: Legal Insights and Implications
Definition & Meaning
The comparative-rectitude doctrine is a legal principle used in divorce cases where both partners are at fault. It aims to provide fair relief to the spouse who is deemed to be less at fault for the breakdown of the marriage. This doctrine is applied when both spouses present valid reasons for seeking a divorce. The court evaluates the fault of each spouse and grants the divorce to the one found to be less culpable.
Legal Use & context
This doctrine is primarily used in family law, particularly in divorce proceedings. It helps courts determine how to fairly allocate the consequences of a marriage's failure when both parties share responsibility. Users can manage their divorce proceedings more effectively by utilizing legal templates available through US Legal Forms, which are drafted by qualified attorneys.
Real-world examples
Here are a couple of examples of abatement:
Example 1: In a hypothetical scenario, Partner A and Partner B both engage in behaviors that contribute to the breakdown of their marriage. However, the court finds that Partner A's actions were significantly more damaging. Under the comparative-rectitude doctrine, Partner B may be granted the divorce.
Example 2: Another hypothetical situation involves a couple where both partners have committed infidelities. If the court determines that one partner's infidelity was less severe, that partner may be granted the divorce based on the comparative-rectitude doctrine.