In Pennsylvania, certain defenses are available when one spouse files for a fault-based divorce. These defenses can help the accused spouse refute or mitigate the claims made against them:
- Recrimination
- Used in cases involving adultery when the spouse bringing the accusation has also committed adultery. Essentially, the defending spouse argues, “You are also at fault for the same behavior.”
- Connivance
- Applicable to adultery claims if the spouse who filed the complaint either consented to or took part in the alleged behavior. For example, if one spouse arranged or encouraged the other’s extramarital activities, it becomes a valid defense.
- Condonation
- A defense to adultery when the accusing spouse chose to resume marital relations after learning about the affair. This act of forgiveness can be implied by continued cohabitation and intimacy.
- Collusion
- Relevant when both spouses secretly agree to fabricate grounds for divorce. If the spouses plotted to create false claims of fault, the defense of collusion can defeat those claims.
- Provocation
- Used when the spouse making the accusation caused or incited the wrongful behavior. Here, the defense argues that the accused spouse’s actions were a direct reaction to the plaintiff’s provocations.
- Insanity
- Asserted if the spouse accused of wrongdoing did not possess the mental capacity to understand that their behavior was inappropriate or harmful.
- Consent
- Relevant in cases of desertion or adultery if the accusing spouse agreed to the allegedly wrongful action. For example, if a husband moved away with the wife’s permission, he might raise consent as a defense against charges of abandonment.
- Justification
- A defense to desertion if the spouse who left the marital home did so because the other spouse’s actions made living together intolerable.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet provides comprehensive legal services through every stage of the divorce process, including both simple and complex divorces, spousal support, child support, and child custody matters. His extensive knowledge as a divorce attorney allows him to pursue the best possible outcome for his clients. To learn more about your legal rights and options, visit www.lawyersfordivorces.net or call for a free consultation. He is a highly respected attorney with years of experience, representing clients in Family Law and Criminal Law matters.
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