Defenses in Fault-Based Divorces in Pennsylvania

Several defenses may be raised against fault-based divorce claims, including:

  1. Recrimination:
  • This defense applies to adultery claims. The defendant can argue that the plaintiff is also guilty of the same misconduct, essentially asserting, “You committed adultery too.”
  1. Connivance:
  • This defense can be used if the plaintiff consented to or participated in the defendant’s misconduct, such as facilitating or encouraging adultery (e.g., hiring a spouse for prostitution and later claiming adultery).
  1. Condonation:
  • This defense suggests forgiveness. If the plaintiff resumed marital relations with the defendant after learning about the misconduct (e.g., adultery) or continued cohabitation, it could indicate forgiveness.
  1. Collusion:
  • Collusion occurs when both spouses conspire to fabricate grounds for a divorce. This can invalidate the fault-based claim.
  1. Provocation:
  • This defense argues that the plaintiff’s actions provoked the defendant into committing the alleged misconduct.
  1. Insanity:
  • A defense against fault-based claims, insanity can be argued if the defendant lacked the mental capacity to understand the wrongfulness of their actions.
  1. Consent:
  • This applies to claims of desertion or adultery. For example, if the plaintiff consented to the defendant’s actions, such as moving out or engaging in extramarital relations, the defendant may assert this as a defense.
  1. Justification:
  • This defense may be used in cases of desertion, where the defendant left the marital home due to the plaintiff’s behavior, providing valid grounds for their actions.

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  • Skilled in fault-based and no-fault divorce cases, spousal support, child custody, and family law matters.
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Learn more at www.lawyersfordivorces.net or call (267) 277-2641 for a free consultation. Attorney R. Badet is a highly respected and experienced divorce attorney serving Philadelphia and surrounding counties.