Defenses for Fault-Based Divorces in Pennsylvania
In Pennsylvania, certain defenses can be used to challenge a fault-based divorce claim. These defenses may prevent the court from granting a divorce on fault grounds. The primary defenses include:
- Recrimination
- Connivance
- Condonation
- Collusion
- Provocation
- Insanity
- Consent
- Justification
1. Recrimination
A defense to adultery, recrimination occurs when the plaintiff (the spouse filing for divorce) is also guilty of adultery. Essentially, the defendant argues, “You did it too.” If both parties are guilty of the same misconduct, the fault-based divorce may not be granted.
2. Connivance
This is another defense to adultery. Connivance applies when the plaintiff consented to or participated in the spouse’s extramarital activity.
- Example: If a husband hired his wife for prostitution, he cannot later claim adultery as grounds for divorce.
3. Condonation
Condonation means forgiveness of marital misconduct—most commonly adultery. If the plaintiff continued the marital relationship (including sexual relations) after learning of the infidelity, it implies forgiveness and serves as a defense.
- Courts may infer condonation if the couple continues to live together after the alleged wrongdoing.
4. Collusion
Collusion occurs when both spouses conspire to fabricate fault grounds to obtain a divorce.
- Example: If a couple agrees to fake an adultery claim so they can get a quick divorce, the court may dismiss the case upon discovering the deception.
5. Provocation
Provocation is a defense in cases where one spouse intentionally provoked the other into committing marital misconduct.
- Example: If one spouse emotionally or physically manipulated the other into leaving the marital home or engaging in inappropriate behavior, the accused spouse can use provocation as a defense.
6. Insanity
Insanity is a defense if the accused spouse was mentally incapacitated and could not understand the wrongfulness of their actions at the time of the misconduct.
- Example: If a spouse suffered from a serious mental illness that impaired their judgment, it may serve as a defense to a fault-based divorce.
7. Consent
Consent applies in cases of desertion or adultery when the plaintiff agreed to the conduct they now claim as grounds for divorce.
- Example: If a husband moved to another state with his wife’s approval, she cannot later file for divorce on grounds of desertion.
8. Justification
Justification is a defense to desertion, where the accused spouse left the marital home for a valid reason, such as abuse or mistreatment by the other spouse.
- Example: If a spouse left the home due to domestic violence, they can argue justification to prevent a fault-based divorce.
Legal Representation for Fault-Based Divorce Cases
Attorney R. Badet is an experienced divorce lawyer with extensive knowledge of fault-based and no-fault divorce proceedings. Whether you need legal defense against fault-based claims or wish to file for divorce, he is committed to achieving the best possible outcome for his clients.
📞 Call (267) 277-2641 for a free consultation!
🔗 Visit: www.lawyersfordivorces.net
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