In Pennsylvania, if one spouse is seeking a fault-based divorce, the other spouse may assert various defenses to challenge the grounds for divorce. These defenses are specific to the alleged fault, and here are the key defenses available:
1. Recrimination
Recrimination is a defense to adultery. It can be asserted if the plaintiff (the spouse seeking the divorce) is also guilty of the same misconduct. Essentially, the defendant would claim, “You did it too!” This is used to argue that the plaintiff should not be able to use adultery as a reason for divorce when they themselves are equally at fault.
2. Connivance
Connivance is another defense to adultery. This defense arises when the plaintiff either consented to or actively participated in the spouse’s adulterous behavior. For example, if one spouse hires a prostitute for the other, then later claims adultery, the other spouse can argue that the plaintiff’s participation is a defense to the adultery claim.
3. Condonation
Condonation is a defense to adultery. It can be asserted when the plaintiff continues to live with the defendant and has sexual relations after discovering the adultery. The idea behind this defense is that by engaging in sexual relations after learning about the adultery, the plaintiff has forgiven the act. Condonation can also be inferred from continuing cohabitation and a lack of objection to the misconduct.
4. Collusion
Collusion is a defense that can be used in fault-based divorces when both spouses have conspired to fabricate the grounds for divorce. If both parties agree to lie about the reasons for the divorce or create fake allegations of misconduct, this defense can be raised to prevent the divorce from being granted on those fabricated grounds.
5. Provocation
Provocation is a defense to a fault-based divorce. It asserts that the plaintiff’s conduct provoked the defendant into committing the alleged wrongdoing. For example, if one spouse constantly harasses or mistreats the other, it may be argued that this conduct led the defendant to commit the act (such as adultery) in response to the provocation.
6. Insanity
Insanity is a defense to a fault-based divorce. It can be asserted if the defendant claims that the plaintiff lacked the mental capacity to understand the wrongfulness of their actions. In this case, the defendant would argue that they were unable to comprehend the impact of their behavior due to a mental illness.
7. Consent
Consent is a defense to desertion or adultery. This defense argues that the plaintiff had given consent to the defendant’s actions. For example, if one spouse moved away to another state, and the other spouse later claims desertion, the defendant might assert that the plaintiff had consented to the move, making the desertion claim invalid.
8. Justification
Justification is a defense to desertion. It can be asserted when the defendant left the marital home due to the plaintiff’s conduct, such as abuse or mistreatment. This defense argues that the defendant’s departure was not an unjustified abandonment but rather a necessary action in response to the plaintiff’s behavior.
Legal Help with Fault-Based Divorces:
If you are navigating a fault-based divorce or need help with any aspect of your divorce, Divorce Lawyer R. Badet can provide valuable legal assistance. He specializes in complex divorces, spousal support, child support, and custody matters. With his experience, you can ensure your case is handled efficiently and effectively.
To schedule a free consultation, visit www.lawyersfordivorces.net or call 267-277-2641 for expert legal guidance.
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Let me know if you’d like additional details on any of these defenses or further help with a divorce-related issue!