In fault-based divorces, one spouse accuses the other of misconduct, such as adultery or desertion. However, there are several defenses that a defendant can assert to challenge or defeat the grounds for a fault-based divorce in Pennsylvania. These defenses include:
1. Recrimination
- What It Is: Recrimination is a defense to adultery where the defendant asserts that the plaintiff also committed the same fault (adultery). Essentially, the defendant argues, “You did the same thing.”
- Example: If the plaintiff accuses the defendant of adultery, but the plaintiff also engaged in an extramarital affair, the defendant may use recrimination as a defense.
2. Connivance
- What It Is: Connivance is a defense against adultery where the plaintiff consented to or facilitated the spouse’s adulterous actions.
- Example: If the husband knowingly allowed or encouraged his wife to engage in an affair, he cannot later claim that she committed adultery as a fault ground for divorce.
3. Condonation
- What It Is: Condonation is a defense to adultery where the plaintiff forgave the defendant for the adultery by resuming sexual relations or continuing cohabitation after learning about the affair.
- Example: If a wife learns that her husband committed adultery but continues to live with him and resume intimacy, she may have “condoned” the behavior, thus invalidating the adultery claim.
4. Collusion
- What It Is: Collusion is a defense where both spouses conspire to create false grounds for divorce. If both parties fabricate the grounds for the divorce, such as lying about the reasons for separation, it can be used as a defense.
- Example: If both spouses agree to falsely claim adultery or cruelty as grounds for divorce for the purpose of expediting the divorce process or achieving a favorable settlement, collusion may be a valid defense.
5. Provocation
- What It Is: Provocation is a defense in which the defendant argues that the plaintiff’s actions provoked the defendant’s misconduct, such as infidelity or abusive behavior.
- Example: If a wife continuously insults her husband, leading him to commit adultery, he may assert provocation as a defense.
6. Insanity
- What It Is: Insanity is a defense where the defendant argues that they were incapable of understanding the wrongfulness of their actions due to a mental illness at the time of the alleged misconduct.
- Example: If a spouse engages in cruel or abusive conduct but can prove that they were suffering from a mental health condition that impaired their ability to control their actions, they may claim insanity as a defense.
7. Consent
- What It Is: Consent is a defense to desertion or adultery where the plaintiff explicitly or implicitly consented to the conduct that forms the basis for the divorce.
- Example: If the husband moves away to another state for work, and the wife agrees to this arrangement, the husband may assert consent as a defense against the claim of desertion.
8. Justification
- What It Is: Justification is a defense to desertion where the defendant claims that they left the marital home due to the plaintiff’s misconduct or mistreatment.
- Example: If a spouse leaves the home because the other spouse is abusive or cruel, the defendant may justify their departure and use it as a defense against claims of desertion.
Contact Divorce Lawyer R. Badet for Guidance
R. Badet is an experienced divorce lawyer specializing in family law matters, including fault-based divorces, child support, spousal support, and child custody. He can help you understand the best defense strategies if you’re facing a fault-based divorce or need assistance with any other aspect of divorce.
For a free consultation, contact Divorce Lawyer R. Badet at www.lawyersfordivorces.net or call for assistance.
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