In fault-based divorces in Pennsylvania, a defendant can use specific defenses to counter allegations made by the plaintiff. These defenses include:
- Recrimination: This defense can be raised when the plaintiff is also guilty of the same fault ground they are accusing the defendant of. For example, if the plaintiff alleges adultery but is also guilty of committing adultery, the defendant can assert recrimination by saying, “You did it too.”
- Connivance: This defense applies when the plaintiff has consented or actively participated in the misconduct they are accusing the defendant of. A common example is when a spouse knowingly allows or participates in the adulterous conduct, such as encouraging the other spouse’s affair.
- Condonation: Condonation is a defense to adultery. It can be used when the plaintiff has forgiven the defendant’s misconduct after discovering it, often by resuming cohabitation or resuming sexual relations after learning of the adultery.
- Collusion: This defense is used when both spouses conspire to fabricate grounds for the divorce. For example, if both parties agree to pretend adultery occurred for the sake of obtaining a divorce, collusion can be asserted.
- Provocation: Provocation is a defense that asserts the plaintiff’s actions were responsible for causing the defendant to commit the alleged fault-based conduct, such as adultery. In essence, the defendant claims that the plaintiff’s behavior led to their misconduct.
- Insanity: Insanity can be used as a defense when the defendant was incapable of understanding the wrongfulness of their actions due to a mental illness or condition. The defendant must prove that they lacked the capacity to comprehend the nature of their conduct.
- Consent: This defense applies in cases of desertion or adultery. If the plaintiff consented to the defendant’s conduct, such as permitting the defendant to leave the marital home or agree to an extramarital affair, consent can be used as a defense.
- Justification: This defense is typically used in desertion cases. If the defendant left the marital home due to the plaintiff’s abusive or inappropriate behavior, the defendant can argue that their actions were justified.
Divorce Lawyer R. Badet
If you’re facing a fault-based divorce, an experienced attorney can help you understand and navigate the legal defenses available. R. Badet is a seasoned divorce lawyer with extensive experience handling complex family law matters, including fault-based divorces. He is dedicated to helping his clients achieve the best possible outcome in their cases.
For a free consultation, visit www.lawyersfordivorces.net or call 267-277-2641. Let an experienced attorney help protect your rights and provide you with the legal advice and representation you need.
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