There are several defenses available in fault-based divorce cases, including: (1) recrimination, (2) connivance, (3) condonation, (4) collusion, (5) provocation, (6) insanity, (7) consent, and (8) justification.
- Recrimination: This defense is applicable in cases of adultery. It can be used when the plaintiff is also guilty of adultery. Essentially, the defendant is arguing, “You did it too!”
- Connivance: Connivance is another defense to adultery. It applies when the plaintiff knowingly or actively participated in their spouse’s adulterous behavior, such as if a husband facilitated his wife’s infidelity and later used it as grounds for divorce.
- Condonation: Condonation is a defense to adultery and can be used if the plaintiff continued sexual relations with the defendant after discovering the adultery. This implies forgiveness, which can also be inferred from ongoing cohabitation.
- Collusion: Collusion serves as a defense when both spouses have collaborated to fabricate the grounds for the divorce.
- Provocation: Provocation is a defense in fault-based divorce cases and can be raised if the plaintiff’s actions prompted the defendant’s behavior, such as causing the other party to act in a way that led to the fault.
- Insanity: Insanity is a defense in a fault-based divorce case when the plaintiff was incapable of understanding the wrongful nature of their conduct due to mental illness.
- Consent: This defense applies in cases of desertion or adultery. It can be used if the plaintiff consented to the desertion or the infidelity. For example, if a husband moved away, and the wife later claims desertion, he can argue that she consented to his relocation.
- Justification: Justification is a defense to desertion. It can be raised if the plaintiff left the marital home due to the defendant’s actions, making the departure justifiable.
Divorce Lawyer R. Badet is a skilled and experienced divorce attorney who supports clients through every step of the divorce process, including handling complex divorces, spousal support, child custody, and child support issues. With years of expertise, he ensures the best possible outcomes for his clients. For more information about your legal rights, visit his website at www.lawyersfordivorces.net or call for a free consultation. R. Badet is a highly respected litigator specializing in both Family Law and Criminal Law.