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H and Danielle (W) were married on July 27, 2002, and had two children prior to their separation in 2011. W filed for divorce in December 2011, alleging both fault and irreconcilable differences as grounds for divorce. H cross-petitioned for divorce on fault-based grounds, due to W's alleged adultery. Eleven months after W filed for divorce, H began a sexual relationship with another woman. W filed a motion to dismiss, alleging recrimination by H. The trial court granted the motion. In 2015, the court entered a final decree of divorce citing irreconcilable differences as the cause of the marital breakdown. H appealed arguing in part that his infidelity, which occurred eleven months after the parties' separation, could not be used as a basis for the defense of recrimination.

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