Pennsylvania allows several defenses for spouses facing a fault-based divorce claim. These defenses can prevent or undermine an action for divorce on fault grounds:
- Recrimination
This defense applies to adultery claims. If the spouse filing for divorce also committed adultery, the defendant can argue that both parties bear equal responsibility for marital misconduct. - Connivance
Also a defense to adultery, connivance arises when the spouse filing for divorce either knowingly participated in, or effectively sanctioned, the other spouse’s extramarital conduct. For example, if someone hired their spouse for prostitution, they effectively consented to the very act they are claiming as grounds for divorce. - Condonation
This defense can be raised if the filing spouse continued marital relations (including sexual intimacy) with the defendant after discovering the alleged adultery. By resuming the relationship, the injured spouse is seen as having forgiven the misconduct. Even simply living together again can be taken as condonation. - Collusion
Collusion involves both spouses working together to fabricate or exaggerate fault-based grounds for divorce. If a spouse can show that the other party colluded to invent grounds, it undermines the legitimacy of the divorce action. - Provocation
This defense can be used if the plaintiff’s actions essentially provoked the misconduct in question. The argument is that the plaintiff caused, encouraged, or goaded the defendant into the very behavior cited as grounds. - Insanity
If the defendant lacked the capacity to understand the wrongfulness of their actions due to mental illness, it may serve as a defense against a fault-based divorce claim. - Consent
A spouse accused of desertion or adultery can argue that the other spouse granted permission for the conduct at issue. For instance, if a spouse moved away with the other’s full knowledge and approval, that can negate desertion as a ground for divorce. - Justification
This defense pertains to desertion. If the spouse filing the divorce left the marital home because the other spouse’s behavior made cohabitation intolerable or unsafe, the departing spouse may be justified in leaving, negating fault-based grounds.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet is well-versed in handling every stage of the divorce process, including both fault-based and no-fault proceedings. His practice encompasses simple and complex divorces, spousal support, child support, and child custody. With extensive courtroom experience and a thorough understanding of the law, he strives to secure the best outcomes for his clients. For more information on legal rights and options, visit www.lawyersfordivorces.net or call for a free consultation.
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