The following are defenses that can be used in fault-based divorces:
- Recrimination: This defense applies in cases of adultery. It can be used when the plaintiff is also guilty of adultery, essentially claiming that the plaintiff is equally at fault.
- Connivance: A defense to adultery, connivance can be invoked when the plaintiff either consented to or facilitated their spouse’s affair. For example, if a husband arranged for his wife to engage in prostitution and later accused her of adultery, his involvement would serve as a defense.
- Condonation: This defense can be used in adultery cases when the plaintiff continued to live with the defendant and engaged in sexual relations after discovering the adultery, implying forgiveness.
- Collusion: This defense applies when both spouses have conspired to create false grounds for divorce.
- Provocation: Provocation can be used as a defense when the plaintiff’s actions pushed the defendant to commit the wrongful act.
- Insanity: This defense applies when the plaintiff lacked the mental capacity to understand the wrongful nature of their behavior, typically due to insanity.
- Consent: This defense can be used in cases of desertion or adultery, where the plaintiff gave consent to the desertion or the affair. For example, if a husband moves to another state and the wife claims desertion, he could argue that she agreed to his move.
- Justification: A defense to desertion, justification can be used when the plaintiff left the marital home due to the defendant’s conduct.
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