There are several defenses available for fault-based divorces, including: (1) recrimination; (2) connivance; (3) condonation; (4) collusion; (5) provocation; (6) insanity; (7) consent; and (8) justification.
- Recrimination: This defense applies in cases of adultery. It can be raised when the plaintiff is also guilty of adultery, essentially saying, “You did the same thing!”
- Connivance: This defense is also related to adultery. It can be used when the plaintiff knowingly allowed or participated in the spouse’s extramarital affair, such as in cases where a spouse hired the other for prostitution and later claimed adultery.
- Condonation: A defense to adultery, condonation occurs when the plaintiff continues to cohabit and engage in sexual relations with the defendant after learning of the adultery, which is interpreted as forgiveness.
- Collusion: This defense is used when both spouses have conspired to create false grounds for the divorce.
- Provocation: This defense can be raised in a fault-based divorce when the plaintiff’s actions or behavior prompted the defendant to commit the act in question.
- Insanity: Insanity is a defense in fault-based divorces when the plaintiff was unable to understand the wrongfulness of their behavior due to mental illness.
- Consent: This defense applies to desertion or adultery, where the plaintiff consented to the actions, such as a spouse leaving or engaging in an affair. For example, if a spouse moved away and the other claims desertion, the moving spouse could argue that the other consented to the move.
- Justification: A defense for desertion, this can be used when the plaintiff left the marital home due to the defendant’s conduct, such as abuse or other unacceptable behavior.
Divorce Lawyer R. Badet is a highly experienced attorney who guides clients through all aspects of the divorce process, including complex cases involving spousal support, child support, and custody. With extensive knowledge and experience, R. Badet is committed to achieving the best possible outcome for your case. For more information, visit his website or call for a free consultation. He is a respected attorney with a strong background in both family law and criminal law.