In Pennsylvania, fault-based divorces allow a spouse to seek a divorce by proving that their partner’s misconduct caused the breakdown of the marriage. However, the defendant may assert certain defenses against the fault-based grounds for divorce. Here are the main defenses available:
1. Recrimination
Recrimination is a defense to adultery. It occurs when the defendant claims that the plaintiff is also guilty of the same misconduct. Essentially, the defendant argues, “You did it too.” If both spouses are guilty of adultery, the fault-based grounds may not be valid.
2. Connivance
Connivance is another defense to adultery. It occurs when the plaintiff actively consented to or facilitated the misconduct, such as when one spouse knowingly allows or even encourages the other spouse to engage in an affair. For example, if one spouse secretly encouraged or arranged for their spouse’s extramarital affair, they cannot later claim adultery as a basis for divorce.
3. Condonation
Condonation is a defense to adultery. It occurs when the plaintiff forgives the spouse’s infidelity, usually by continuing to live with them and engaging in marital relations after learning of the affair. This forgiveness can be inferred if the spouses continue to cohabit after the affair is discovered, effectively condoning the act.
4. Collusion
Collusion is a defense that can be raised if both spouses have conspired to fabricate the grounds for divorce. In other words, if both parties agree to fake a fault-based reason for divorce (such as pretending one spouse committed adultery), the court will not grant the divorce on these grounds.
5. Provocation
Provocation is a defense that can be raised in a fault-based divorce. It occurs when the defendant claims that the plaintiff’s behavior caused them to commit the alleged misconduct. For example, if one spouse argues that they were provoked into committing adultery due to ongoing abuse or neglect from the other spouse, this may be used as a defense.
6. Insanity
Insanity is a defense in a fault-based divorce if the defendant can show that they were unable to understand the wrongfulness of their actions due to mental illness. This defense is rarely used but may apply if one spouse cannot control or understand their behavior due to severe mental health issues.
7. Consent
Consent is a defense to desertion or adultery. In cases of desertion, if the plaintiff consented to the spouse leaving the marital home, the defendant can argue that the plaintiff’s consent negates the claim of desertion. Similarly, if the plaintiff consented to the spouse’s affair, it may be used as a defense to adultery claims.
8. Justification
Justification is a defense to desertion. It can be raised if the defendant claims that they left the marital home due to the plaintiff’s misconduct. For example, if the plaintiff was abusive or engaging in actions that made the defendant feel unsafe, the defendant may argue that they had a legitimate reason for leaving.
Divorce Lawyer R. Badet
Divorce Lawyer R. Badet is an experienced divorce attorney in Pennsylvania who specializes in both fault-based and no-fault divorces. Whether you are facing a fault-based divorce or need guidance on child support or custody matters, Attorney R. Badet can help protect your rights and guide you through the legal process.
With years of experience handling complex divorce and family law cases, including those involving fault-based defenses, Attorney R. Badet offers expert representation to clients in Philadelphia, Bucks County, Delaware County, and Montgomery County.
For a free consultation, call 267-277-2641 or visit www.lawyersfordivorces.net.
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