Recrimination is an affirmative defense frequently raised in divorce proceedings as a defense to a request for a fault divorce. The gist of recrimination is a claim that even if that spouse committed acts giving rise to a ground for a fault divorce, the other spouse also engaged in acts giving rise to a ground for a fault divorce, and therefore no fault divorce should be granted. Recrimination is not a defense to an action for divorce based upon one-year’s separation. S.C. Code Ann. § 20-3-10(5).
As an affirmative defense, recrimination must be raised in a pleading to be raised at trial. See, Rule 8(c), SCRCP. “As a general rule, to constitute the defense of recrimination, the misconduct of which the plaintiff is guilty must be such as to provide the defendant with grounds for divorce.” Allen v. Allen, 287 S.C. 501, 339 S.E.2d 872 (Ct. App. 1986).
Unlike condonation, another frequently pled affirmative defense to divorce in South Carolina, successfully establishing recrimination does not prevent alimony from being barred by adultery. Spires v. Spires, 296 S.C. 422, 373 S.E.2d 698 (Ct. App. 1988).
Don’t forget the “why” questions
I’ve recently been preparing for a number of custody trials while also working on a number of appeals I’ve inherited from trial counsel.
Do you prefer pop quizzes or open book exams?
A sizable minority of my clients still prefer the telephone over email to get their questions answered. I certainly understand the desire of
In contested custody litigation, there’s no downside to kindness
One of the quickest, easiest, and most effective “fixes” I can counsel my clients to do in contested custody litigation is to be