Legal Definitions - comparable rectitude

Comparable rectitude was a legal principle once applied in divorce cases, primarily before the widespread adoption of "no-fault" divorce laws. It allowed courts to assess and compare the degree of wrongdoing or "fault" committed by each spouse when both had engaged in conduct that could be considered grounds for divorce.

Historically, under a stricter rule known as "recrimination," if both spouses were found to be at fault for the marriage's breakdown, a court would deny a divorce entirely, leaving unhappy couples legally bound to each other. Comparable rectitude was introduced to soften this harsh rule. It permitted a court to grant a divorce to the spouse who was deemed less responsible or less at fault for the marriage's dissolution, even if that spouse was not entirely blameless.

Today, comparable rectitude is largely obsolete because all U.S. states have adopted no-fault divorce laws. These modern laws allow a divorce to be granted simply because a marriage has irretrievably broken down, without requiring either party to prove the other's fault.

Here are some examples illustrating how comparable rectitude would have been applied:

• Example 1: Infidelity vs. Emotional Neglect

  Imagine a scenario where Maria files for divorce from Robert, alleging he had an affair. Robert counters, claiming Maria was emotionally distant and neglectful for many years, which led to his unhappiness and ultimately contributed to his infidelity. Under the doctrine of comparable rectitude, a court would examine both Robert's affair and Maria's alleged neglect. If the court determined that Robert's affair was a more direct and significant cause of the marriage's final breakdown, even though Maria also contributed to marital discord through neglect, the court might grant Maria the divorce as the "less at-fault" party.

• Example 2: Financial Recklessness vs. Minor Physical Altercation

  Consider a case where John files for divorce from Susan, citing her reckless gambling that depleted their joint savings and put them in severe debt. Susan argues that John once pushed her during a heated argument, which could also be considered grounds for divorce. A court applying comparable rectitude would weigh Susan's severe financial mismanagement against John's isolated act of physical aggression. If Susan's actions were judged to have caused more profound and irreparable damage to the marital foundation, the court could grant John the divorce, considering him the party "least in fault."

• Example 3: Persistent Verbal Abuse vs. Neglect of Household Duties

  Suppose Emily seeks a divorce from Tom, alleging his persistent verbal abuse and public humiliation. Tom defends by claiming Emily consistently neglected household responsibilities and childcare, forcing him to shoulder an unfair burden and creating a hostile home environment. The court would compare the severity and impact of Tom's verbal abuse against Emily's alleged neglect of duties. If Tom's abuse was deemed a more direct and destructive force leading to the marriage's collapse, the court could, under comparable rectitude, grant Emily the divorce, recognizing her as the spouse with comparatively less fault.