Defenses for Fault-Based Divorces in Pennsylvania

Fault-based divorce cases allow defendants to present specific defenses to counter claims. Here are the primary defenses:

  1. Recrimination:
    • This defense applies to adultery claims.
    • The accused party asserts that the plaintiff is also guilty of adultery, effectively stating, “You did the same thing.”
  2. Connivance:
    • This defense involves consent or participation by the plaintiff in the spouse’s alleged misconduct.
    • For example, if a husband hires his wife for prostitution, he cannot later accuse her of adultery.
  3. Condonation:
    • Condonation refers to forgiveness of adultery.
    • If the plaintiff had sexual relations with the defendant after discovering the adultery or continued cohabiting with them, this can be used as a defense.
  4. Collusion:
    • This applies when both spouses conspire to fabricate fault grounds for divorce.
  5. Provocation:
    • This defense argues that the plaintiff provoked the defendant into committing the act that led to the fault-based claim.
  6. Insanity:
    • Insanity is a defense when the accused lacked the mental capacity to understand their actions or their wrongfulness.
  7. Consent:
    • This applies in cases of desertion or adultery.
    • For instance, if a spouse agrees to the other moving out (desertion) or engages in consensual behavior, it can serve as a defense.
  8. Justification:
    • This defense applies to desertion claims.
    • It can be used when the plaintiff’s conduct forced the defendant to leave the marital home, thereby justifying the departure.

Legal Representation by Divorce Lawyer R. Badet

Expertise:
Divorce Lawyer R. Badet offers extensive experience in all aspects of divorce law, including fault-based divorces, child support, custody, and spousal support.

Why Choose R. Badet?

  • Skilled in presenting and countering defenses in complex divorce cases.
  • Dedicated to achieving favorable results for clients through knowledgeable and strategic legal representation.

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