Pennsylvania recognizes several defenses in fault-based divorce actions. These defenses can prevent a divorce from being granted on the grounds of misconduct if successfully proven by the defending spouse.
- Recrimination
- Applies to claims of adultery.
- The accused spouse argues that the accusing spouse also engaged in adultery, making both parties at fault.
- Connivance
- Also a defense to adultery.
- The accused spouse shows that the accusing spouse consented to or actively participated in the alleged adultery. For example, if one spouse arranged or facilitated the extramarital affair, that spouse cannot then use it as grounds for divorce.
- Condonation
- A defense to adultery as well.
- The accusing spouse forgave the misconduct and resumed marital relations after learning of the adultery, which indicates acceptance of the wrongdoing.
- Collusion
- A defense to any fault-based divorce ground.
- Occurs when both spouses conspire to fabricate or exaggerate grounds for divorce.
- Provocation
- A defense for various fault-based claims (e.g., cruelty, abuse).
- The accused spouse argues that the other spouse’s actions forced or provoked the misconduct in question.
- Insanity
- Applicable to fault-based divorces.
- The accused spouse lacked the mental capacity to understand the wrongful nature of the conduct at the time it occurred.
- Consent
- A defense specifically against desertion and adultery.
- The accused spouse contends the other spouse agreed to the separation (for desertion) or consented to the extramarital relationship.
- Justification
- A defense to desertion.
- If one spouse left the marital home because of the other spouse’s unacceptable or harmful behavior, that departure may be justified rather than wrongful.
Divorce Lawyer R. Badet
Divorce Lawyer R. Badet offers extensive experience and guidance at all stages of the divorce process, including matters of spousal support, child support, and child custody. His thorough understanding of fault-based and no-fault divorce grounds in Pennsylvania enables him to advise clients effectively. To discuss your case and explore your legal options, call for a free consultation or visit www.lawyersfordivorces.net. He is highly regarded for his work in both Family Law and Criminal Law, representing a diverse range of clients.
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