In Pennsylvania, a fault-based divorce can be sought on grounds such as adultery, desertion, cruelty, or other fault-based conduct. However, there are several defenses available to a party who may want to contest a fault-based divorce. These defenses can be raised to challenge the grounds for divorce and potentially prevent the court from granting the divorce based on fault. The following are the primary fault-based defenses available in Pennsylvania:
1. Recrimination
- Definition: Recrimination is a defense where the defendant argues that the plaintiff is also guilty of the same misconduct they are accusing the defendant of. For example, if the plaintiff claims adultery, the defendant can counter that the plaintiff also committed adultery.
- Application: This defense is used when both spouses are equally at fault.
2. Connivance
- Definition: Connivance occurs when one spouse consents to or actively participates in the other spouse’s misconduct, such as adultery. If a spouse knowingly condones or even encourages an affair, they cannot later claim it as grounds for divorce.
- Example: If a wife hires a prostitute for her husband, and then later accuses him of adultery, the husband could use connivance as a defense.
3. Condonation
- Definition: Condonation refers to the forgiveness of the other spouse’s misconduct. If one spouse learns of their spouse’s fault (e.g., adultery) and continues to live with them and even engages in sexual relations afterward, it may be inferred that they forgave the wrongdoing, and it can’t be used against them later in a divorce.
- Application: This is often shown through continued cohabitation and sexual relations after the fault is known.
4. Collusion
- Definition: Collusion involves both parties conspiring to fabricate or exaggerate the grounds for divorce. This defense is raised when both spouses agree to falsely present grounds for divorce to the court.
- Example: If both parties agree to lie about one spouse’s adultery to expedite the divorce process, collusion may be used as a defense.
5. Provocation
- Definition: Provocation is a defense used when the defendant argues that the plaintiff’s actions provoked their conduct. For example, if one spouse engages in adultery because they were provoked by abusive behavior or mistreatment from the other spouse, they may assert provocation as a defense.
- Application: The defendant must demonstrate that their spouse’s behavior directly contributed to their misconduct.
6. Insanity
- Definition: Insanity can be a defense if one spouse claims that the other spouse lacked the mental capacity to understand the wrongfulness of their actions. This defense may apply when the defendant is unable to comprehend their misconduct due to a severe mental illness.
- Application: This would require medical or psychological evidence to support the claim of insanity.
7. Consent
- Definition: Consent is a defense to desertion or adultery. If one spouse explicitly or implicitly agreed to the conduct they later claim as grounds for divorce, they cannot use that as a basis to seek a fault-based divorce.
- Example: If a spouse moves to another state for work and the other spouse agrees or doesn’t object, they cannot later claim desertion as a ground for divorce.
8. Justification
- Definition: Justification is a defense to desertion. It can be used when one spouse leaves the marital home because of the other spouse’s misconduct, such as abuse or cruelty. If the defendant left due to reasonable reasons—such as fear for their safety—the desertion is justified.
- Application: The defendant must prove that they had no other option but to leave due to the other spouse’s behavior.
Why Hire a Divorce Lawyer?
Navigating fault-based divorce defenses can be complicated and requires careful analysis of the facts. If you’re facing a fault-based divorce, or if you’re seeking to assert a defense, it’s essential to consult with an experienced family law attorney to understand your options. Attorney R. Badet is a skilled divorce lawyer with years of experience handling complex divorce cases, including fault-based defenses. He can guide you through the legal process and help protect your rights.
Contact Divorce Lawyer R. Badet today for:
- Fault-Based Divorce Defense
- Spousal Support
- Child Custody and Support
- Divorce and Family Law Consultation
For a free consultation, visit www.lawyersfordivorces.net or call 267-277-2641.
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