Fault-based divorces in Pennsylvania allow the defendant to raise several defenses to challenge the claims made by the plaintiff. These defenses include the following:
- Recrimination:
- This defense applies in cases of adultery, where the defendant can argue that the plaintiff is also guilty of adultery. Essentially, the defense asserts that both parties engaged in similar misconduct.
- Connivance:
- This defense can also be used in adultery cases. It involves the plaintiff having consented to or participated in the defendant’s adulterous behavior. For example, if one spouse encouraged or facilitated the other’s infidelity, they cannot later use it as grounds for divorce.
- Condonation:
- This defense asserts that the plaintiff forgave the defendant’s misconduct by resuming marital relations or continuing to cohabit after becoming aware of the adultery. Forgiveness is implied through continued intimacy or cohabitation.
- Collusion:
- This defense is used when both spouses conspired to fabricate grounds for divorce. For example, if the parties agreed to present false claims of misconduct, the divorce request can be contested.
- Provocation:
- Provocation is a defense when the defendant claims that the plaintiff’s actions directly caused the defendant’s behavior that is being cited as grounds for the divorce.
- Insanity:
- This defense can be raised if the defendant was unable to understand the wrongfulness of their actions due to mental incapacity.
- Consent:
- This applies to claims of desertion or adultery. The defendant can argue that the plaintiff consented to the action. For instance, if a spouse agrees to the other moving away, the claim of desertion may be invalid.
- Justification:
- This defense is relevant in desertion cases. The defendant can argue that their departure from the marital home was justified due to the plaintiff’s conduct, such as abusive or harmful behavior.
Legal Assistance
If you are navigating the complexities of a fault-based divorce or need guidance on defenses, Divorce Lawyer R. Badet is here to help. With years of experience in family law, including divorce, child custody, spousal support, and child support, Mr. Badet is dedicated to achieving the best outcome for his clients.
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- Website: www.lawyersfordivorces.net
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