California Divorce Recrimination Extreme Cruelty Lawyers Attorneys

California Divorce Recrimination Extreme Cruelty Lawyers Attorneys

by

Atchuthan Sriskandarajah

ANCLEY MARK, Appellant, v. JAMES MARK, Respondent

Supreme Court of California

November 25, 1952

Facts:

Plaintiff Ancley Mark and defendant James Mark were married in California in October, 1946. They separated in February, 1949, and in the same year plaintiff brought this action for divorce on the ground of extreme cruelty. Defendant filed a cross-complaint for divorce, also on the ground of extreme cruelty. The allegations of cruelty were denied in the answers filed by each party. The trial court found “that each of the parties to this action has been guilty of acts of cruelty towards the other, and that such acts of cruelty by each toward the other, were provoked by the acts of the other.” The court decided that “each party has been guilty of recrimination and neither is entitled to a

divorce

from the other.” The court entered judgment that plaintiff takes nothing by her complaint and that defendant takes nothing by his cross-complaint. Plaintiff appeals from the judgment.

Issue:

Whether the findings and conclusions in this case warrant application of the doctrine of recrimination?

The court found that the evidence was ample to support a finding that the parties’ misconduct should not bar a divorce because reconciliation appeared impossible; the husband had inflicted bodily injury on the wife, and was often intoxicated. The court found that recrimination was not established and held that several cases that supported a mechanical application of the doctrine of recrimination were disapproved. The court found that a strict application of the rule of recrimination did not operate with equal justice, and would result in repeated legal actions to obtain support money for the wife. Thus, on remand the trial court should decide that one of the parties be granted a divorce, or to both, with appropriate alimony and division of property.

Disclaimer:

These summaries are provided by the

SRIS Law Group

. They represent the firm s unofficial views of the Justices opinions. The original opinions should be consulted for their authoritative content.

Atchuthan Sriskandarajah is a Virginia lawyer and owner of the SRIS Law Group. The SRIS Law Group has offices in Virginia, Maryland, Massachusetts, New York, North Carolina &

California

. The firm handles criminal/traffic defense, family law, immigration & bankruptcy cases.

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