recrimination doctrine (Iowa) · Go Syfert
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recrimination doctrine in Iowa

10 Iowa opinions name it 1 courts 1951–1974 0 in the last five years

The cases below were cited by Iowa courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Paulsen v. Paulsengreen
iowa · 1951 · cited in 3 Iowa opinions naming this issue, 1960–1974
2 sentences

1974In Paulsen v. Paulsen, 243 Iowa 51, 57 , 50 N.W.2d 567 , 571 this court said: “ * * * We are committed to the doctrine of recrimination, that is, if the evidence shows each party to be guilty of an offense which would give the other a right to a divorce, it must be denied to each. ‘If both parties have a right to divorce, neither party has.’ ” In 1965 in Nichols v. Nichols, 257 Iowa 458, 460 , 133 N.W.2d 77, 79 , this statement was quoted with apparent approval.

1974In Paulsen v. Paulsen, 243 Iowa 51, 57 , 50 N.W.2d 567 , 571 this court said: “ * * * We are committed to the doctrine of recrimination, that is, if the evidence shows each party to be guilty of an offense which would give the other a right to a divorce, it must be denied to each. ‘If both parties have a right to divorce, neither party has.’ ” In 1965 in Nichols v. Nichols, 257 Iowa 458, 460 , 133 N.W.2d 77, 79 , this statement was quoted with apparent approval.

13
Kentzelman v. Kentzelmangreen
iowa · 1954 · cited in 3 Iowa opinions naming this issue, 1955–1965
2 sentences

1965Paulsen v. Paulsen, 243 Iowa 51, 57, 58 , 50 N.W.2d 567, 571 ; Kentzelman v. Kentzelman, 245 Iowa 579, 583, 584 , 63 N.W.2d 194, 196 ; Leigh v. Leigh, 247 Iowa 358, 361, 362 , 73 N.W.2d 727, 729 ; Phillips v. Phillips, 251 Iowa 1310, 1317, 1318 , 104 N.W.2d 832, 836 . *434 Tbe principle or doctrine of comparative rectitude-is in the natpre of an exception to the doctrine of, recrimination and ■is applied in a few states,- mainly by statute, where it appears .the parties cannot live together and a divorce is best for their general welfare. 'We do, not recognize, this principle., Paulsen and Ken

1965Paulsen v. Paulsen, 243 Iowa 51, 57, 58 , 50 N.W.2d 567, 571 ; Kentzelman v. Kentzelman, 245 Iowa 579, 583, 584 , 63 N.W.2d 194, 196 ; Leigh v. Leigh, 247 Iowa 358, 361, 362 , 73 N.W.2d 727, 729 ; Phillips v. Phillips, 251 Iowa 1310, 1317, 1318 , 104 N.W.2d 832, 836 . *434 Tbe principle or doctrine of comparative rectitude-is in the natpre of an exception to the doctrine of, recrimination and ■is applied in a few states,- mainly by statute, where it appears .the parties cannot live together and a divorce is best for their general welfare. 'We do, not recognize, this principle., Paulsen and Ken

13
Phillips v. Phillipsgreen
iowa · 1960 · cited in 1 Iowa opinions naming this issue, 1965–1965
2 sentences

1965Paulsen v. Paulsen, 243 Iowa 51, 57, 58 , 50 N.W.2d 567, 571 ; Kentzelman v. Kentzelman, 245 Iowa 579, 583, 584 , 63 N.W.2d 194, 196 ; Leigh v. Leigh, 247 Iowa 358, 361, 362 , 73 N.W.2d 727, 729 ; Phillips v. Phillips, 251 Iowa 1310, 1317, 1318 , 104 N.W.2d 832, 836 . *434 Tbe principle or doctrine of comparative rectitude-is in the natpre of an exception to the doctrine of, recrimination and ■is applied in a few states,- mainly by statute, where it appears .the parties cannot live together and a divorce is best for their general welfare. 'We do, not recognize, this principle., Paulsen and Ken

1965Paulsen v. Paulsen, 243 Iowa 51, 57, 58 , 50 N.W.2d 567, 571 ; Kentzelman v. Kentzelman, 245 Iowa 579, 583, 584 , 63 N.W.2d 194, 196 ; Leigh v. Leigh, 247 Iowa 358, 361, 362 , 73 N.W.2d 727, 729 ; Phillips v. Phillips, 251 Iowa 1310, 1317, 1318 , 104 N.W.2d 832, 836 . *434 Tbe principle or doctrine of comparative rectitude-is in the natpre of an exception to the doctrine of, recrimination and ■is applied in a few states,- mainly by statute, where it appears .the parties cannot live together and a divorce is best for their general welfare. 'We do, not recognize, this principle., Paulsen and Ken

11
Leigh v. Leighgreen
iowa · 1955 · cited in 1 Iowa opinions naming this issue, 1965–1965
2 sentences

1965Paulsen v. Paulsen, 243 Iowa 51, 57, 58 , 50 N.W.2d 567, 571 ; Kentzelman v. Kentzelman, 245 Iowa 579, 583, 584 , 63 N.W.2d 194, 196 ; Leigh v. Leigh, 247 Iowa 358, 361, 362 , 73 N.W.2d 727, 729 ; Phillips v. Phillips, 251 Iowa 1310, 1317, 1318 , 104 N.W.2d 832, 836 . *434 Tbe principle or doctrine of comparative rectitude-is in the natpre of an exception to the doctrine of, recrimination and ■is applied in a few states,- mainly by statute, where it appears .the parties cannot live together and a divorce is best for their general welfare. 'We do, not recognize, this principle., Paulsen and Ken

1965Paulsen v. Paulsen, 243 Iowa 51, 57, 58 , 50 N.W.2d 567, 571 ; Kentzelman v. Kentzelman, 245 Iowa 579, 583, 584 , 63 N.W.2d 194, 196 ; Leigh v. Leigh, 247 Iowa 358, 361, 362 , 73 N.W.2d 727, 729 ; Phillips v. Phillips, 251 Iowa 1310, 1317, 1318 , 104 N.W.2d 832, 836 . *434 Tbe principle or doctrine of comparative rectitude-is in the natpre of an exception to the doctrine of, recrimination and ■is applied in a few states,- mainly by statute, where it appears .the parties cannot live together and a divorce is best for their general welfare. 'We do, not recognize, this principle., Paulsen and Ken

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Nichols v. Nichols neutral
iowa · 1965
2 sentences

1974In Paulsen v. Paulsen, 243 Iowa 51, 57 , 50 N.W.2d 567 , 571 this court said: “ * * * We are committed to the doctrine of recrimination, that is, if the evidence shows each party to be guilty of an offense which would give the other a right to a divorce, it must be denied to each. ‘If both parties have a right to divorce, neither party has.’ ” In 1965 in Nichols v. Nichols, 257 Iowa 458, 460 , 133 N.W.2d 77, 79 , this statement was quoted with apparent approval.

1974In Paulsen v. Paulsen, 243 Iowa 51, 57 , 50 N.W.2d 567 , 571 this court said: “ * * * We are committed to the doctrine of recrimination, that is, if the evidence shows each party to be guilty of an offense which would give the other a right to a divorce, it must be denied to each. ‘If both parties have a right to divorce, neither party has.’ ” In 1965 in Nichols v. Nichols, 257 Iowa 458, 460 , 133 N.W.2d 77, 79 , this statement was quoted with apparent approval.

31970–1974
Arnold v. Arnold green
iowa · 1965
2 sentences

1969This is the doctrine of recrimination, Arnold v. Arnold, 257 Iowa 429, 433 , 133 N.W.2d 53, 56 , and citations and must be distinguished from cruelty which has been provoked.

1969This is the doctrine of recrimination, Arnold v. Arnold, 257 Iowa 429, 433 , 133 N.W.2d 53, 56 , and citations and must be distinguished from cruelty which has been provoked.

21969–1970
Hoffman v. Hoffman green
mo · 1869
2 sentences

1965“We are committed to the doctrine of recrimination, that is, if the evidence shoivs each party to be guilty of an offense which would give the other a right to a divorce, it must be denied to each. ‘If both parties have a right to divorce, neither party has.’ Hoffman v. Hoffman, 43 Mo. 547, 549 .

1951“If both parties have a right to divorce, neither party has.” Hoffman v. Hoffman, 43 Mo. 547, 549 .

21951–1965
Beno v. Beno green
iowa · 1967
2 sentences

1971We view the evidence of cruel and inhuman treatment in the light of those well established rules of law set forth in Beno v. Beno, 260 Iowa 442, 445 , 149 N.W.2d 778 , 780 and in several of our cases following that decision, without repeating them.

1971We view the evidence of cruel and inhuman treatment in the light of those well established rules of law set forth in Beno v. Beno, 260 Iowa 442, 445 , 149 N.W.2d 778 , 780 and in several of our cases following that decision, without repeating them.

11971–1971
Erickson v. Erickson green
iowa · 1967
1 sentence

1970Erickson v. Erickson, Iowa, 154 N.W.2d 106, 111 ; Nichols v. Nichols, 257 Iowa 458, 460 , 133 N.W.2d 77, 79 ; Arnold v. Arnold, 257 Iowa 429, 433 , 133 N.W.2d 53, 56 , and citations.

11970–1970
Blankenship v. Blankenship green
nev · 1929
2 sentences

1965Paulsen v. Paulsen, 243 Iowa 51, 57, 58 , 50 N.W.2d 567, 571 ; Kentzelman v. Kentzelman, 245 Iowa 579, 583, 584 , 63 N.W.2d 194, 196 ; Leigh v. Leigh, 247 Iowa 358, 361, 362 , 73 N.W.2d 727, 729 ; Phillips v. Phillips, 251 Iowa 1310, 1317, 1318 , 104 N.W.2d 832, 836 . *434 Tbe principle or doctrine of comparative rectitude-is in the natpre of an exception to the doctrine of, recrimination and ■is applied in a few states,- mainly by statute, where it appears .the parties cannot live together and a divorce is best for their general welfare. 'We do, not recognize, this principle., Paulsen and Ken

1965Paulsen v. Paulsen, 243 Iowa 51, 57, 58 , 50 N.W.2d 567, 571 ; Kentzelman v. Kentzelman, 245 Iowa 579, 583, 584 , 63 N.W.2d 194, 196 ; Leigh v. Leigh, 247 Iowa 358, 361, 362 , 73 N.W.2d 727, 729 ; Phillips v. Phillips, 251 Iowa 1310, 1317, 1318 , 104 N.W.2d 832, 836 . *434 Tbe principle or doctrine of comparative rectitude-is in the natpre of an exception to the doctrine of, recrimination and ■is applied in a few states,- mainly by statute, where it appears .the parties cannot live together and a divorce is best for their general welfare. 'We do, not recognize, this principle., Paulsen and Ken

11965–1965

Statutes the citing opinions construe

IA § Iowa Code § 598.8 (7)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IA 10 (1951–1974) WI 8 (1955–2003) AL 8 (1857–2014) MD 7 (1948–1998) MS 7 (1930–2021) IL 6 (1951–1980) IN 5 (1965–1972) CA 5 (1952–1964) NC 4 (1969–1979) VA 4 (1924–2022) KY 3 (1918–1954) NM 3 (1946–1973) MA 3 (1945–1981) NE 2 (1943–1958) LA 2 (1962–1979) AZ 2 (1961–1970) MI 2 (1970–1972)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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