What is "comparable rectitude?"

A doctrine that grants the spouse least at fault a divorce when both spouses have shown grounds for divorce. It is a response to an old common-law rule that prevented a divorce when both spouses were at fault.

Copyright © 2006 Nolo

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Shay - January 16, 2006 6:33 PM

Is this a practice that is still in use today? Say, the husband cheated and the wife found out 4 years later. She leaves and during the seperation process, begins seeing someone. Because of the husband's infidelity four years prior, the wife suffered from emotional abuse due to his lack of trust in her and eventually led to the split up of the marriage at which point she discovers he had cheated. She has not returned, but has started seeing someone after the seperation began. Can she be granted the divorce based on the "comparable rectitude" or will she be forced to wait the full year term due to the cancellation of each one's adulturous relationships?

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