Defenses for Fault Based Divorces in Pennsylvania

The fault-based defenses that are available include: (1) recrimination; (2) Connivance; (3) Condonation; (4) Collusion; (5) Provocation; (6) Insanity; (7) Consent; and (8) Justification.

• (1) Recrimination: recrimination is a defense to adultery. It can be asserted where the plaintiff is also guilty of adultery, (in such a case, the defendant is basically saying, “plaintiff! You did it to).

• (2) Connivance:  connivance is also a defense to adultery.  It can be asserted where the plaintiff consented or participated in his spouse’s sexual activities with another person, (e.g., if the husband hired the wife for prostitution and later claim that she committed adultery, then his participation would be a defense).

• (3) Condonation: condonation is a defense to adultery. It can be asserted where the plaintiff had sex with the defendant after learning of adultery. This is amount to forgiveness. It can be inferred from continuing cohabitation.

• (4) Collusion: collusion is a defense to a fault-based divorce.  It can be asserted where both spouses conspired to fabricate the grounds for the divorce.

• (5) Provocation: Provocation is a defense to a fault-based divorce. It can be asserted where the plaintiff made the other party do it.

• (6) Insanity: insanity is a defense to a fault-based divorce.  It can be asserted where the plaintiff lacked the ability to understand the wrongfulness of his conduct.
  •  (7) Consent: consent is a defense to desertion or the adultery. It can be asserted where the plaintiff consented to the desertion or the adultery, (e.g., if your husband moved to another state and then you are complaining that he deserted you, then he can say that you consented to him moving as a defense).

• (8) Justification: justification is a defense to desertion. It can be asserted where the plaintiff left his marital home because of the defendant’s conduct.

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