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).
Slightly modified Gandy opinion makes two small factual corrections
On March 20, 2024, the South Carolina Court of Appeals refiled its opinion in Gandy v. Gandy, making two minor factual adjustments. The
Feature in International Business Times on Navigating Marital Challenges
A recent blog I wrote on consulting an individual counselor before consulting a divorce lawyer generated interest in the International Business Times, resulting
Consider seeking judicial notice of what occurs in court
If more family law attorneys handled appeals they would likely consider using judicial notice during their trials. Judicial notice can be used to