What the Heck is “Recrimination” in a Virginia Divorce?

Posted on Aug 4, 2011 by Hofheimer Family Law

Recrimination is a legal term in Virginia divorce law that describes an instance in which both you and your spouse accuse one another of similar or identical transgressions. For example, if you accuse your husband of adultery and he replies by accusing you of the same, that is recrimination. A Newport News divorce attorney can assist you with arguing against these accusations.

How Recrimination Impacts a Virginia Divorce

Divorces are usually based on fault, so when 1 spouse files for divorce against the other, he or she is alleging that some wrongdoing occurred on the part of the other that necessitated the divorce. If you and your ex are parting on unhappy terms, the possibility of recrimination increases.

Recrimination is a defense against the “fault” grounds of a divorce. In certain instances, recrimination can prevent a spouse from successfully obtaining a divorce from the other. While some states have eliminated recrimination as a defense against divorce, Virginia has not.

Recrimination is not advised as a line of argument because of the complicating effect it has on divorce proceedings. You should speak with a Newport News divorce attorney before you make up your mind on whether to proceed with, or how to react to, recrimination in your Virginia divorce proceedings.

Contacting a Newport News Divorce Attorney

Our Newport News divorce attorney team cares about your rights, the welfare and happiness of your children, and your financial security. Let us use our unique experience to help you focus on your goals for the future and your family. To learn more about a Virginia divorce, request a FREE copy of our divorce book for women in Virginia, or reserve your seat at our monthly divorce seminar – 757-425-5200.