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 applies to adultery. It can be used if the plaintiff is also guilty of adultery. Essentially, the defendant claims, “You did it too!”
- Connivance: Also a defense to adultery, connivance occurs when the plaintiff knowingly allowed or took part in their spouse’s sexual activities with another person. For example, if a husband hires someone for his wife to engage in prostitution and later accuses her of adultery, his involvement would serve as a defense.
- Condonation: This defense applies to adultery and arises when the plaintiff continues to live with the defendant or has sexual relations after discovering the adultery. It is seen as forgiveness, often inferred from ongoing cohabitation.
- Collusion: This defense can be used in fault-based divorce cases when both spouses conspire to create false grounds for divorce.
- Provocation: This defense is applicable in fault-based divorce cases when the plaintiff’s actions caused the other party to behave in a way that led to the alleged fault.
- Insanity: If the plaintiff lacked the mental capacity to understand that their behavior was wrong, insanity may serve as a defense in a fault-based divorce case.
- Consent: Consent is a defense to desertion or adultery. It can be claimed if the plaintiff gave consent for their spouse’s actions, such as desertion. For example, if a husband moves to another state and the wife later claims he deserted her, he may argue that she consented to the move.
- Justification: This defense applies to desertion. It can be asserted if the plaintiff left the marital home due to the defendant’s wrongful conduct.
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