Pennsylvania law provides several defenses for fault-based divorces. These include:
- Recrimination: A defense against adultery accusations, where the defendant argues that the plaintiff is also guilty of adultery, essentially claiming, “You did it too.”
- Connivance: This defense applies when the plaintiff consented to or participated in the defendant’s alleged adulterous behavior. For example, if a husband hired his wife for prostitution and later accused her of adultery, his involvement would be a valid defense.
- Condonation: A defense used in adultery cases where the plaintiff forgave the infidelity by resuming sexual relations with the defendant after learning of the adultery. Continued cohabitation can also suggest forgiveness.
- Collusion: This defense arises when both spouses conspire to fabricate grounds for a divorce.
- Provocation: A defense in which the defendant claims their actions were provoked by the plaintiff’s behavior.
- Insanity: A defense used when the accused lacked the mental capacity to understand the wrongfulness of their actions.
- Consent: Applicable in cases of desertion or adultery, this defense is used when the plaintiff agreed to the defendant’s actions. For instance, if a husband moves to another state with the plaintiff’s consent, he can use this as a defense against desertion claims.
- Justification: A defense against desertion allegations, asserting that the plaintiff left the marital home due to the defendant’s misconduct.
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