The following are defenses available in fault-based divorce cases: (1) recrimination; (2) connivance; (3) condonation; (4) collusion; (5) provocation; (6) insanity; (7) consent; and (8) justification.
- Recrimination: This defense applies to adultery, and it can be used if the plaintiff is also guilty of adultery. In such cases, the defendant argues that the plaintiff is equally responsible for the misconduct.
- Connivance: This is another defense to adultery. It can be raised when the plaintiff knowingly allowed or participated in the spouse’s extramarital affairs. For example, if a husband encouraged his wife to engage in prostitution and later accused her of adultery, his involvement could serve as a defense.
- Condonation: This defense applies to adultery, where the plaintiff forgives the defendant after learning of the infidelity. It can be implied if the couple continues to live together and engage in sexual relations after the affair is discovered.
- Collusion: This defense is used when both spouses have schemed to create false grounds for divorce. It asserts that the divorce is based on fabricated reasons.
- Provocation: Provocation can be used as a defense in a fault-based divorce when the plaintiff’s actions prompted the other spouse’s misconduct.
- Insanity: This defense can be asserted if the plaintiff lacked the mental capacity to understand the wrongful nature of their actions.
- Consent: Consent is a defense to desertion or adultery. It can be invoked when the plaintiff consented to the spouse’s desertion or infidelity. For example, if a husband moved to another state and the wife later claims desertion, the husband may argue that she agreed to his move.
- Justification: Justification applies to desertion cases. It can be used if the plaintiff left the marital home due to the defendant’s misconduct.
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