In fault-based divorces, several defenses can be raised, including: (1) recrimination; (2) connivance; (3) condonation; (4) collusion; (5) provocation; (6) insanity; (7) consent; and (8) justification.
- Recrimination: This defense is used in cases of adultery. It can be claimed if the plaintiff is also guilty of adultery, with the defendant essentially arguing, “You did the same thing.”
- Connivance: Another defense to adultery, connivance applies when the plaintiff has knowingly allowed or even participated in their spouse’s affair. For example, if a husband encourages his wife’s involvement in prostitution and later accuses her of adultery, his involvement could serve as a defense.
- Condonation: This defense applies in cases of adultery and can be claimed when the plaintiff continues to have sexual relations with the defendant after learning of the affair, which is seen as a form of forgiveness. This may also be inferred from continued cohabitation.
- Collusion: This defense can be raised in any fault-based divorce when both spouses have secretly worked together to fabricate the grounds for the divorce.
- Provocation: This defense can be asserted in a fault-based divorce if the plaintiff’s actions provoked the defendant’s behavior, such as in cases where one spouse’s actions lead the other to commit an act that is the basis for the divorce.
- Insanity: Insanity can serve as a defense in a fault-based divorce when the plaintiff was mentally incapable of understanding the wrongfulness of their actions at the time of the alleged misconduct.
- Consent: This defense applies in cases of desertion or adultery and can be used if the plaintiff has consented to the behavior. For instance, if a husband moves away to another state and the wife later accuses him of desertion, he could claim that she agreed to his relocation.
- Justification: This defense is relevant in desertion cases and can be used if the plaintiff left the marital home due to the defendant’s wrongful behavior.
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