What’s the trouble with the doctrine of comparative rectitude?
Comparative rectitude leads to a judge weighing the claims of both spouses, who are both of them essentially saying, "What do you mean, me? You’re the one!"
Yes, this will require judicial weighing, but so much of divorce law requires that anyway. And experienced judges have heard it all. The doctrine of comparative rectitude leads to absurd situations, such as deciding whether three incidents of adultery is worse than two, or whether drug addiction is worse than mental cruelty. Comparative rectitude almost adds a metaphysical dimension to divorce.
Comparative rectitude may be the reason some judges say that in some cases, a fair decision in contested divorces is one that make both parties unhappy.