A divorce granted to one spouse on the basis of some proven wrongful act (grounds for divorce) by the other spouse. • Although all states now have some form of no-fault divorce, some jurisdictions still consider a spouse’s fault in precipitating the divorce, esp. when dividing marital property or when awarding alimony. Traditionally, the common […]
stuprum (st[y]oo-pr[schwa]m), n. [Latin] Roman & civil law. Disgrace by unchastity; a man’s illegal sexual intercourse with a woman, usu. a virgin or widow, or with a male (pederasty). Pl. stupra. “The law refers to stuprum and adultery indiscriminately and with rather a misuse of terms. But properly speaking adultery is committed with a married
bigamy, n. 1. The act of marrying one person while legally married to another. • Bigamy is distinct from adultery. It is a criminal offense if it is committed knowingly. In 1878, the U.S. Supreme Court held that the government was not constitutionally prohibited from banning Mormon polygamy. Reynolds v. United States, 98 U.S. (8
compensatio criminis (kom-pen-say-shee-oh krim-[schwa]-nis). [Latin] Eccles. law. A defendant’s plea in a divorce action, alleging that the complainant is guilty of the same conduct that the defendant is charged with, esp. adultery. See RECRIMINATION(1). “The compensatio criminis is the standard canon law of England in questions of divorce, and it is founded on the principle
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Slang. A form of collusive divorce — occurring before widespread passage of no-fault divorce laws — in which the spouses agree to fake an adultery scene to create “fault.” Cf. no-fault divorce.
connivance (k[schwa]-nI-v[schwa]nts), n. 1. The act of indulging or ignoring another’s wrongdoing, esp. when action should be taken to prevent it. 2. Family law. As a defense to divorce, one spouse’s corrupt consent, express or implied, to have the other commit adultery or some other act of sexual misconduct. • Consent is an essential element
condonation (kon-d[schwa]-nay-sh[schwa]n), n. 1. A victim’s express or (esp.) implied forgiveness of an offense, esp. by treating the offender as if there had been no offense. • Condonation is not usu. a valid defense to a crime. 2. One spouse’s express or implied forgiveness of a marital offense by resuming marital life and sexual intimacy.
lenocinium (lee-noh-sin-ee-[schwa]m), n. [Latin “pandering, brothel-keeping”] 1. Roman law. The crime of prostituting for gain. 2. Roman & Scots law. A husband’s scheming in his wife’s adultery, as by encouraging another man to seduce her. • The wife could assert this claim as a defense in a divorce action brought by the husband.
bastard. 1. See illegitimate child under CHILD. 2. A child born to a married woman whose husband could not be or is otherwise proved not to be the father. • Because the word is most commonly used as a slur, its use in family-law contexts is much in decline. [Cases: Children Out-of-Wedlock 1. C.J.S. Children