What happens if both individuals are at fault in a fault divorce?
Usually, when both spouses are found to be at fault, a doctrine, called a “comparative rectitude”, will be granted by the court. This document means that when both parties have shown grounds for a divorce, then the spouse least at fault will be entitled to the divorce. This was not an option forty years ago. Then, if both spouses were at fault then neither was entitled to the divorce. This later led to the concept of comparative rectitude, because it was considered absurd to not let a couple get a divorce.
