Several defenses are recognized when one spouse seeks a divorce based on the other spouse’s alleged fault. These include:
- Recrimination:
- A defense against claims of adultery.
- Can be raised if the filing spouse also committed adultery, essentially arguing, “You did it too.”
- Connivance:
- Also a defense against claims of adultery.
- Used when the spouse filing for divorce either consented to or participated in the other spouse’s sexual conduct with someone else (e.g., hiring one’s spouse as a prostitute and then alleging adultery).
- Condonation:
- A defense to an adultery claim.
- Applies when the spouse pursuing divorce resumed marital relations (sexual or otherwise) after discovering the affair, indicating forgiveness. This can sometimes be inferred from continued cohabitation.
- Collusion:
- A defense in fault-based divorce cases.
- Arises if both spouses conspired to fabricate the grounds for divorce.
- Provocation:
- A defense to fault-based divorce.
- Used when the spouse filing for divorce essentially provoked the wrongful conduct.
- Insanity:
- A defense to fault-based divorce.
- May apply if the person accused of fault did not comprehend the wrongful nature of their actions due to a mental condition.
- Consent:
- A defense to claims of desertion or adultery.
- If a spouse agreed or gave permission for the alleged desertion or affair, this defense may be raised (e.g., one spouse moves out of state with the other spouse’s blessing, and then the move is later characterized as desertion).
- Justification:
- A defense specifically to desertion claims.
- Used when one spouse left the marital residence because of the other spouse’s behavior, thereby justifying the departure.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet has extensive experience guiding clients through every step of the divorce process, from straightforward to complex cases. His practice includes spousal support, child support, and child custody matters. A skilled litigator in both Family Law and Criminal Law, he is dedicated to securing the best possible resolution for each client.
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