Defenses for Fault-Based Divorces in Pennsylvania

In Pennsylvania, fault-based divorces require proof that one spouse engaged in misconduct leading to the breakdown of the marriage. However, the accused spouse may raise certain legal defenses to challenge the claim. These defenses include:

1. Recrimination

A defense to adultery, where the accused spouse argues that the plaintiff (the spouse filing for divorce) also committed adultery. This defense essentially says, “You did it too!”

2. Connivance

Another defense to adultery, where the accused spouse claims that the plaintiff consented to or participated in the adultery.
Example: If a husband knowingly allows or encourages his wife’s extramarital affairs, he cannot later use adultery as grounds for divorce.

3. Condonation

This defense applies when a spouse forgives the other after learning about the adultery.
If the couple continues to have marital relations or live together after the adultery is discovered, the court may consider this as forgiveness, barring the claim.

4. Collusion

If both spouses conspire to fabricate divorce grounds, such as falsely claiming adultery or cruelty, the defense of collusion can prevent the divorce from proceeding.

5. Provocation

This defense argues that the plaintiff (spouse filing for divorce) provoked the accused spouse into committing the alleged misconduct.
Example: If one spouse constantly mistreats or manipulates the other, leading them to retaliate, the accused spouse may use provocation as a defense.

6. Insanity

If the accused spouse was mentally incapacitated at the time of the alleged misconduct and unable to understand their actions, insanity may be a valid defense.

7. Consent

Used in cases of desertion or adultery, this defense applies when the plaintiff agreed to the alleged misconduct.
Example: If a wife consents to her husband relocating to another state, she cannot later claim he deserted her.

8. Justification

This defense applies to desertion cases where the accused spouse left because of the plaintiff’s misconduct.
Example: If a spouse abandons the marital home due to domestic abuse or mistreatment, they may claim justification as a defense.

Experienced Divorce Lawyer in Pennsylvania

Attorney R. Badet is a seasoned family law attorney with extensive experience handling fault-based and no-fault divorces, child support, spousal support, and custody disputes. Whether you need legal representation in a contentious divorce or help navigating Pennsylvania’s complex divorce laws, he provides aggressive and strategic advocacy to secure the best outcome for his clients.

For legal guidance, visit www.lawyersfordivorces.net or call 267-277-2641 for a free consultation today.