In Pennsylvania, if a divorce is based on fault, several defenses may be raised. These include:
- Recrimination
This defense is used in cases of adultery. The defendant argues that the plaintiff is equally guilty of adultery, effectively saying, “You did it too.” - Connivance
Also applicable to adultery cases, connivance is asserted when the plaintiff has either consented to or been involved in the extramarital activities of their spouse. For instance, if a husband employs his wife for prostitution and later accuses her of adultery, his participation can serve as a valid defense. - Condonation
This defense applies when the plaintiff forgives the adultery by resuming marital relations with the defendant after becoming aware of the infidelity. Continued cohabitation often implies this forgiveness. - Collusion
Collusion is raised when both spouses have secretly conspired to fabricate grounds for divorce, thereby undermining the fault claim. - Provocation
In cases where the plaintiff’s behavior incited the defendant’s actions, the defendant may claim provocation. This defense argues that the plaintiff’s conduct directly led to the circumstances warranting the divorce. - Insanity
This defense is available if the plaintiff was not in a proper mental state to understand the wrongful nature of their actions at the time of the offense, thereby negating fault. - Consent
When the plaintiff has agreed to or accepted behaviors such as desertion or adultery, consent becomes a defense. For example, if a husband relocates to another state with the plaintiff’s acquiescence, he may argue that his departure does not constitute desertion. - Justification
This defense is relevant in desertion cases. It can be asserted when the plaintiff’s own conduct compelled the defendant to leave the marital home, effectively justifying the defendant’s actions.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet brings years of experience to every aspect of the divorce process, whether the case is straightforward or complex. His practice encompasses spousal support, child support, and child custody issues, along with handling both family and criminal law matters. With a reputation for achieving favorable outcomes, he is dedicated to ensuring clients fully understand their legal rights and options. For additional details or to schedule a free consultation, please visit www.lawyersfordivorces.net or call his office.
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