Comparable rectitude - sustany/dvg GitHub Wiki

Comparable rectitude was a doctrine in divorce law where courts would evaluate the comparative fault of each spouse. Under the harsher doctrine of recrimination, a spouse who was accused of conduct constituting grounds for divorce could, as a defense, accuse the other spouse of similar misconduct. If both spouses were at fault, the court would not allow a divorce. Comparable rectitude ameliorated the harshness of recrimination by allowing the court to analyze and compare the extent of each spouse�s misconduct. If one spouse was less at fault for the dissolution of the marriage, then the court could grant a divorce. The introduction of no-fault divorces in all states has made the use of comparable rectitude obsolete.�

Nevada�s former comparable rectitude statute read:�

• In any action for divorce when it shall appear to the court that both husband and wife have been guilty of a wrong or wrongs, which may constitute grounds for a divorce, the court shall not for this reason deny a divorce, but in its discretion may grant a divorce to the party least in fault.

The revised NRS 125.20 currently reads:

• In any action for divorce when it appears to the court that grounds for divorce exist, the court in its discretion may grant a divorce to either party.