Hitchcock v. Hitchcock

Three issues are presented on this appeal:

1. Was the defense of recrimination abolished by the 1971 amendment of sec. 247.101, Stats?

2. If not abolished, may recrimination be raised where it has not been specifically pleaded?

3. If recrimination must be pleaded, did the trial court abuse its discretion by denying the defendant’s motion to amend his answer to plead adulterous conduct on the part of the plaintiff?.Recrimination as a Defense

This court has recognized the doctrine of recrimination in divorce cases. Under this doctrine, if the conduct of both parties has been such as to furnish…