In Pennsylvania fault-based divorces, several defenses may be raised by the responding spouse. These include:
- Recrimination:
This defense is used in cases of adultery when the defendant asserts that the plaintiff is also guilty of adultery. Essentially, the defendant argues, “You did it too.” - Connivance:
Connivance applies when the plaintiff has, either expressly or implicitly, participated in or consented to the spouse’s extramarital relations. For example, if a husband involves his wife in prostitution and later claims she committed adultery, his involvement may serve as a defense. - Condonation:
This defense comes into play if the plaintiff forgives the adultery by engaging in sexual relations with the defendant after becoming aware of the infidelity. Continued cohabitation may imply that forgiveness has been granted. - Collusion:
Collusion is asserted when both spouses have conspired to manufacture grounds for divorce. In such cases, the defense contends that the divorce was based on a mutual, deceptive agreement rather than on genuine wrongdoing. - Provocation:
The defense of provocation argues that the plaintiff’s own behavior provoked the defendant’s actions that led to the divorce. Here, the defendant claims that the plaintiff’s conduct was a significant contributing factor. - Insanity:
If the plaintiff was unable to appreciate the wrongfulness of his actions due to mental illness at the time the conduct occurred, insanity can serve as a defense in a fault-based divorce. - Consent:
Consent is applicable when the plaintiff agreed to or accepted the circumstances that later form the basis of the fault claim. For instance, if the plaintiff consented to the defendant’s desertion by allowing a move to another state, that consent may be used as a defense against claims of abandonment or adultery. - Justification:
This defense is raised in desertion cases when the plaintiff departs from the marital home because of the defendant’s conduct. It argues that the departure was justified based on the behavior of the other spouse.
Divorce Lawyer R. Badet is a seasoned professional committed to guiding clients through every phase of the divorce process, including cases involving fault-based defenses. His expertise covers a wide range of family law issues, including spousal support, child support, and child custody. With a proven track record and extensive experience, he strives to secure the most favorable outcomes for his clients. For further information about your legal rights and options, please visit www.lawyersfordivorces.net or call for a free consultation.
Related Keywords:
“divorce lawyers nearby”, “divorce and family law attorney”, “low income divorce lawyers near me”, “international divorce lawyer near me”, “reasonable divorce lawyers”, “best rated divorce lawyers near me”, “finding a good divorce lawyer”, “find divorce attorney”, “divorce and family lawyer near me”, “divorce lawyers for men near me”, “black divorce lawyers near me”, “male divorce lawyers”, “black divorce lawyers”, “family law divorce lawyers”, “contested divorce lawyer”, “best divorce lawyers”, “best divorce lawyers near me”, “child support attorney near me”, “cheap divorce lawyers near me”, “family court lawyers near me”, “best divorce attorney”, “family court attorney”, “local divorce lawyers”, “uncontested divorce lawyer”, “affordable divorce attorney”, “best custody lawyer near me”, “family custody lawyer”, “family law divorce”, “affordable divorce lawyers near me”.