We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Recrimination: A Comprehensive Guide to Its Legal Meaning and Use
Definition & Meaning
Recrimination refers to a situation where one party in a legal dispute makes a countercharge against another party. This term is commonly used in both family law and criminal law contexts. In family law, recrimination often arises during divorce proceedings when both partners accuse each other of wrongdoing, such as adultery. In criminal law, it involves an accused person making an accusation against their accuser, which may pertain to the same or a different offense. It is important to note that in many jurisdictions, the defense of recrimination has been abolished, meaning it may no longer be a valid defense in certain cases.
Table of content
Legal Use & context
Recrimination is primarily used in two legal areas:
Family Law: In divorce cases, recrimination can be a defense when both spouses accuse each other of actions like adultery.
Criminal Law: An accused individual may counter the accusations made against them by accusing the accuser of a different crime.
Users can manage some aspects of these situations using legal templates available through US Legal Forms, which are drafted by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: In a divorce case, both partners accuse each other of infidelity. This mutual accusation constitutes recrimination, which may affect the court's decisions regarding divorce settlements.
Example 2: A person charged with theft counters by claiming that the accuser committed fraud against them. This is an instance of recrimination in a criminal context.
State-by-state differences
Examples of state differences (not exhaustive):
State
Recrimination Status
California
Recrimination is not a valid defense in divorce cases.
New York
Recrimination can still be considered in divorce proceedings.
Texas
Recrimination is largely abolished in family law cases.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Difference
Counterclaim
A claim made by a defendant against a plaintiff.
Counterclaims are typically filed in civil cases, while recrimination can occur in both family and criminal law.
Cross-complaint
A legal document filed by a defendant against another party in the same action.
Cross-complaints are more formalized and specific than recrimination.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation involving recrimination, consider the following steps:
Document all accusations and any evidence supporting your claims.
Consult with a legal professional to understand how recrimination may impact your case.
Explore US Legal Forms for templates that can help you prepare necessary legal documents.
For complex matters, seeking professional legal assistance is advisable.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.