Pennsylvania law recognizes several defenses in cases where one spouse alleges fault grounds for divorce. These defenses can prevent or weaken the claim that the other spouse’s behavior warrants granting a divorce on fault grounds. The primary defenses include:
- Recrimination
- Applies to adultery cases.
- Asserts that the filing spouse (plaintiff) also committed adultery. In effect, it says, “You committed the same fault you’re accusing me of.”
- Connivance
- Also a defense to adultery.
- Used if the plaintiff consented or even participated in the adulterous behavior, such as when a spouse facilitated or encouraged the act.
- Condonation
- Another defense to adultery.
- Arises when the plaintiff resumes marital relations (e.g., having sex) after learning about the adultery. Essentially, this suggests forgiveness. Condonation can be implied by continuing cohabitation.
- Collusion
- A defense to any fault-based divorce.
- Claimed when both spouses secretly agree to create or exaggerate grounds for divorce.
- Provocation
- A defense for fault-based divorces in general.
- Argues that the plaintiff’s own actions pushed or compelled the other spouse into the alleged misconduct.
- Insanity
- A defense in fault-based actions.
- Used when a spouse could not understand the nature or wrongfulness of their conduct because of a mental disorder.
- Consent
- Applies in claims of desertion or adultery.
- If the plaintiff originally agreed to the spouse’s departure or condoned the adulterous activity, it can serve as a defense.
- Justification
- A defense to desertion.
- Used when a spouse leaves the marital home for legitimate reasons, often due to the other spouse’s misconduct or harmful behavior.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet offers extensive experience at every stage of divorce proceedings, handling both straightforward and more complex matters, including spousal support, child support, and child custody. With a strong background in litigation, he represents clients in both Family Law and Criminal Law. His aim is to secure the most favorable outcome for every client. Visit www.lawyersfordivorces.net or call for a free consultation to explore your legal rights and options.
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