Pennsylvania recognizes several defenses that can be raised in fault-based divorce proceedings. These defenses address specific claims and aim to counter allegations made by one spouse against the other.
Key Defenses
- Recrimination:
- This defense applies to claims of adultery. It asserts that the accusing spouse is equally guilty of the same misconduct, effectively arguing that neither party has “clean hands.”
- Connivance:
- Used in adultery cases, this defense alleges that the accusing spouse consented to or participated in the act. For example, a spouse encouraging or facilitating their partner’s infidelity cannot later claim adultery as grounds for divorce.
- Condonation:
- This defense is based on forgiveness. If the accusing spouse resumed marital relations with the defendant after discovering the infidelity, it may indicate they forgave the act. Continued cohabitation can support this argument.
- Collusion:
- This defense asserts that both parties conspired to fabricate grounds for the divorce. It challenges the authenticity of the claim and can invalidate the fault-based proceedings.
- Provocation:
- This defense claims that the accusing spouse provoked the defendant’s behavior. Essentially, it argues that the plaintiff’s actions directly caused the alleged misconduct.
- Insanity:
- If the defendant was mentally incapable of understanding the wrongfulness of their actions, this defense can be used to counter fault-based claims.
- Consent:
- This applies in cases of desertion or adultery, arguing that the accusing spouse gave permission for the act. For example, if one spouse consented to the other relocating, claims of desertion may not hold.
- Justification:
- This defense is relevant in desertion claims. It argues that the accused left the marital home due to the other spouse’s misconduct or abusive behavior.
Expert Legal Guidance
Navigating fault-based divorces and asserting valid defenses requires skilled legal representation. Attorney R. Badet is experienced in handling all aspects of divorce law, including complex fault-based cases. His expertise ensures clients receive the best possible outcome in their situation.
- Contact Information:
- Phone: (267) 277-2641
- Website: www.lawyersfordivorces.net
Attorney R. Badet offers affordable and effective legal solutions, with consent divorces starting at $599 and a commitment to providing dedicated support throughout the divorce process. Call today for a free consultation.