In fault-based divorces, several defenses can be raised, including: (1) recrimination; (2) connivance; (3) condonation; (4) collusion; (5) provocation; (6) insanity; (7) consent; and (8) justification.
- Recrimination: This defense applies in cases of adultery, where the defendant claims that the plaintiff is also guilty of adultery. Essentially, the defendant is arguing, “You did it too.”
- Connivance: This defense is used in cases of adultery, where the plaintiff knowingly allowed or participated in their spouse’s infidelity. For example, if a husband encouraged his wife to engage in prostitution and later accused her of adultery, his involvement would be a valid defense.
- Condonation: Condonation is a defense to adultery, asserting that the plaintiff forgave the defendant for their infidelity by continuing to live together and engaging in sexual relations after learning about the adultery.
- Collusion: This defense applies when both spouses work together to create false grounds for divorce.
- Provocation: Provocation can be a defense in a fault-based divorce if the plaintiff’s behavior caused the defendant’s misconduct.
- Insanity: If the plaintiff was unable to understand the wrongfulness of their actions due to mental incapacity, they can use insanity as a defense in a fault-based divorce.
- Consent: In cases of desertion or adultery, the defendant may argue that the plaintiff consented to the behavior. For example, if a husband moved to another state and the wife later claimed desertion, the husband could defend by saying she agreed to his relocation.
- Justification: This defense is applicable in cases of desertion, where the defendant left the marital home due to the plaintiff’s improper behavior.
Divorce Lawyer R. Badet is an experienced attorney dedicated to assisting clients throughout the divorce process. He handles both straightforward and complex divorce cases, including issues of spousal support, child support, and custody. With years of experience, he provides expert legal counsel aimed at achieving the best outcomes. For more information on your legal rights, visit www.lawyersfordivorces.net or schedule a free consultation.