Recrimination As Defense Against Fault-Based Divorce

What is Recrimination?

Recrimination is an option for defense to fault-based divorce. If a defendant plans to use recrimination in their defense, the defendant will argue that the plaintiff committed the same acts they are accusing the defendant of committing. 


For example, suppose your spouse is seeking a fault-based divorce on the grounds of adultery but has also committed adultery. In that case, you can use recrimination to defend against your spouse’s divorce.

How Does Recrimination Work?

Recrimination has changed a little bit throughout the years. In the past, if both spouses could establish fault-based causes for divorce with evidence of both spouses committing marital wrongs against each other, neither spouse would be considered innocent or be able to get a divorce.


Today, recrimination has less of an impact. If the defendant can establish recrimination with sufficient evidence, the chancellor doesn’t have to deny divorce because of evidence of equal fault between parties. Even if both spouses committed marital wrongs, there can still be a divorce. However, it is always up to the discretion of the chancellor.

Recrimination If Both Spouses Are Guilty

If both spouses can establish fault-based grounds for divorce, the chancellor has to assess and identify which spouse’s fault was more significant in causing the separation. Whichever spouse is considered more innocent or “less at fault” can be granted a divorce if that spouse wants one.


Understanding that recrimination can be a tricky defense in divorce is important if you want to use this tactic in your divorce proceedings. Working with an experienced divorce attorney can help you better navigate using this defense.

Contact a Divorce Attorney

Recrimination can be a useful defense if your spouse has committed wrongs and filed for divorce, but you’re looking to be granted divorce over your spouse. 

The use of recrimination has changed over the years. Today, proving you’re both at fault won’t necessarily cancel divorce filings, but it can impact your divorce proceedings.

Defending yourself from divorce and collecting evidence to prove fault-based grounds against your spouse can be difficult. Working with a divorce attorney can help you through this while collecting evidence and preparing for court.

Jason Campbell is an experienced Mississippi divorce attorney dedicated to fighting for his client’s rights. Contact Campbell Law Firm today to learn more about how we may be able to help you.