In fault-based divorce cases, the following defenses may be raised:
- Recrimination: This defense is used in cases of adultery. It can be claimed if the plaintiff is also guilty of adultery. Essentially, the defendant argues that the plaintiff committed the same offense.
- Connivance: This defense applies to adultery cases. It can be used when the plaintiff knowingly consented to or participated in their spouse’s affair. For example, if a husband hired someone to engage in sexual activities with his wife and later accused her of adultery, the husband’s involvement serves as a defense.
- Condonation: This defense is available in adultery cases. It can be asserted if the plaintiff forgave the defendant for their infidelity, typically indicated by resuming sexual relations or continuing to live together after learning of the affair.
- Collusion: This defense applies when both spouses agree to fabricate grounds for the divorce. It is used to challenge the validity of the fault-based grounds for divorce.
- Provocation: This defense is used to argue that the plaintiff’s actions caused the defendant’s behavior. It asserts that the defendant was provoked into their misconduct by the plaintiff.
- Insanity: This defense applies when the defendant claims that they lacked the mental capacity to understand the wrongfulness of their actions due to mental illness or incapacity.
- Consent: This defense can be raised in cases of desertion or adultery. It can be used if the plaintiff consented to the desertion or affair. For instance, if a spouse moved away and the other party claims desertion, the spouse may argue that the plaintiff agreed to their move.
- Justification: This defense is available in desertion cases. It can be asserted if the defendant left the marital home due to the plaintiff’s actions, such as mistreatment or abuse.
Divorce Lawyer R. Badet
R. Badet is a seasoned divorce attorney committed to assisting clients at all stages of the divorce process. Specializing in both simple and complex divorces, as well as spousal support, child support, and custody matters, R. Badet has the expertise needed to help achieve the best possible outcome. Visit his website at www.lawyersfordivorces.net or call for a free consultation. With years of experience in both family law and criminal law, he is a highly respected litigation attorney.