In Pennsylvania, fault-based divorces allow one spouse to allege misconduct by the other, such as adultery or cruelty. However, the defendant spouse may present certain defenses to counter these allegations. The following are recognized defenses in fault-based divorce cases:
1. Recrimination:
- What it is: Recrimination is a defense against allegations of adultery. It is asserted when the plaintiff (the spouse filing for divorce) is also guilty of adultery. Essentially, the defendant argues, “You did it too!”
- Example: If the plaintiff accuses the defendant of infidelity but is also engaging in an extramarital affair, the defendant can claim recrimination to dismiss the adultery charge.
2. Connivance:
- What it is: Connivance is a defense to adultery, where the plaintiff consented to or even participated in the spouse’s sexual misconduct. If the plaintiff was aware of the affair and allowed or facilitated it, the defendant can claim connivance.
- Example: A spouse who secretly facilitates the other’s affair, such as hiring a prostitute, may later be unable to use adultery as grounds for divorce, as they have “connived” in the situation.
3. Condonation:
- What it is: Condonation occurs when the plaintiff forgives the spouse’s adultery. This forgiveness can be implied by resuming sexual relations or continuing to live together after discovering the infidelity. It can be used as a defense to prevent the divorce on the grounds of adultery.
- Example: If a wife learns of her husband’s affair but decides to stay with him and continues their relationship, she may be considered to have condoned the behavior.
4. Collusion:
- What it is: Collusion is a defense that can be raised when both spouses conspire to fabricate a ground for divorce. This could involve agreeing to lie about the reasons for the divorce in order to meet the legal requirements for a fault-based divorce.
- Example: If both spouses make false claims about cruelty or adultery in order to expedite the divorce, the defense of collusion could be used.
5. Provocation:
- What it is: Provocation can be used as a defense to fault-based divorces if the defendant can show that the plaintiff’s conduct provoked them into acting in the manner alleged (e.g., committing adultery or cruel behavior).
- Example: A spouse may claim that their partner’s constant emotional abuse drove them to have an affair.
6. Insanity:
- What it is: Insanity is a defense that can be raised in response to allegations of fault. If the defendant lacked the ability to understand the wrongfulness of their actions due to mental illness, this defense may apply.
- Example: A defendant may argue that they were mentally ill at the time of the alleged misconduct and were unable to comprehend that their actions were wrong.
7. Consent:
- What it is: Consent is a defense against allegations of desertion or adultery. It is applicable when the plaintiff consented to the actions they now claim to be fault grounds. For example, if a spouse agreed to the other’s desertion or infidelity, this can be used as a defense.
- Example: If the plaintiff allowed the spouse to move to another state and later claims desertion, the defendant could argue that the plaintiff consented to the move.
8. Justification:
- What it is: Justification is a defense against allegations of desertion. It can be claimed if the defendant left the marital home for a justified reason, such as the plaintiff’s behavior (e.g., abuse or infidelity).
- Example: A spouse may claim they left due to the other spouse’s cruelty or adultery, asserting that their departure was justified under those circumstances.
Divorce Lawyer R. Badet is an experienced attorney who specializes in family law matters, including fault-based divorces, spousal support, child support, and custody issues. With years of experience in both litigation and negotiation, Attorney Badet helps clients navigate complex divorce cases and strives to achieve the best possible outcomes.
For a free consultation or to learn more about your legal rights and options, visit www.lawyersfordivorces.net or call 267-277-2641.
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