In Pennsylvania, fault-based divorces can be contested using various legal defenses. These defenses challenge the grounds for divorce, allowing the defendant (the spouse being accused of fault) to dispute the allegations. The following are common fault-based defenses available in Pennsylvania:
1. Recrimination:
- Definition: This defense applies to cases of adultery. If the plaintiff (the spouse seeking divorce) has also committed adultery, the defendant can use recrimination as a defense. Essentially, the defendant argues that the plaintiff is equally at fault, and thus, the divorce should not proceed on the grounds of adultery.
2. Connivance:
- Definition: Connivance is a defense to adultery. It occurs when the plaintiff consented to or actively participated in the behavior that is being used as the basis for the divorce. For example, if one spouse encourages or even arranges for the other spouse’s infidelity, the defendant can claim connivance as a defense.
3. Condonation:
- Definition: Condonation is another defense to adultery. It can be used when the plaintiff has learned of the adultery but forgave the defendant by continuing to live together or engaging in sexual relations after the fact. This forgiveness can be inferred from the couple’s continuing cohabitation after the act of adultery.
4. Collusion:
- Definition: Collusion applies when both spouses conspire to fabricate the grounds for divorce. If both spouses agree to create false claims of fault (e.g., adultery, cruelty), this can be used as a defense against the divorce. Collusion renders the grounds for divorce invalid.
5. Provocation:
- Definition: This defense can be used when the defendant argues that the plaintiff’s behavior provoked the actions that led to the fault. For example, if one spouse provoked the other to commit adultery or another fault, this can act as a valid defense.
6. Insanity:
- Definition: Insanity is a defense to a fault-based divorce if the defendant lacked the mental capacity to understand the wrongfulness of their actions. If a spouse was legally insane at the time of the alleged misconduct (e.g., adultery), they may claim this as a defense.
7. Consent:
- Definition: Consent is a defense to desertion or adultery. If the plaintiff consented to the alleged behavior (such as desertion or infidelity), the defendant may claim that they had permission or approval from the plaintiff for their actions. For example, if a spouse agrees to the other moving away and later claims desertion, the defendant can argue that consent was given.
8. Justification:
- Definition: Justification applies to desertion. It is a defense where the defendant left the marital home because of the plaintiff’s wrongful conduct. For example, if one spouse leaves due to abuse or other forms of mistreatment, they can use justification as a defense against accusations of desertion.
Divorce Lawyer R. Badet
Divorce Lawyer R. Badet is a skilled and experienced divorce attorney committed to helping clients navigate complex legal issues such as fault-based defenses, spousal support, child custody, and child support. He has extensive experience in both family law and criminal law, providing clients with personalized legal strategies to achieve the best possible outcomes in their divorce cases.
For more information on your legal rights and options, visit www.lawyersfordivorces.net or call 267-277-2641 for a free consultation.
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