Defenses to Divorce Actions

While the fault grounds for a divorce are rarely used today, there are defenses to the fault ground for divorce.  The practical reality is that most couples who divorce do so on the basis of incompatibility, for which no defense exists.

Nonetheless, the following common law defenses, available for fault grounds only, are presented here.

Condonation
Condonation is the forgiveness of the ground for divorce. The requirements of condonation are:

Knowledge of the marital misconduct; and
Forgiveness of the marital misconduct; coupled with Resumption of marital relations with the guilty spouse.

So, for example, if Jack finds out that Jill has been sleeping with his best friend, Jim, but Jack forgives Jill, and continues to live with her and sleep with her, then Jack cannot use the fault ground of adultery against Jill in a subsequent divorce proceeding.

Condonation is a complete defense to adultery but is not a defense to the other grounds for divorce based on fault.

Connivance
Connivance is the corrupt consent to a spouse's adultery. The defense of connivance is established by showing that one spouse lured the other into the misconduct, or by showing that one spouse consented and was a party to the misconduct (e.g., prostituting one's wife). Connivance is a complete defense to adultery.

Collusion
Collusion is the unlawful agreement to fabricate grounds for divorce.

Recrimination
Recrimination occurs where there is a showing that there exists equal fault of like conduct (e.g., both are adulterers or both are bigamists).

Provocation
If the conduct complained of in action for divorce was provoked by the moving party the misconduct complained of will not be grounds for divorce.

The information presented on this web site does not constitute legal advice. No attorney-client relationship has been created. Readers are strongly encouraged to contact the firm for professional advice before making any decision of a legal nature. Family Lawyer Service is licensed in the Commonwealth of Pennsylvania.