Forms of Defenses against Fault-Based Divorce Petitions

No one wishes to be on the losing end and to take responsibility of something gone wrong. That is the typical human nature. It's evident almost everywhere at places of work or school. It's also rife in divorce cases as well. When one spouse files for a divorce petition based on the other spouse's fault--for example, adultery or physical abuse--the spouse who's receiving the divorce papers can hire a family lawyer and raise any of the following defenses available to him or her against fault-grounds marriage split-up.


This is an agreement or arrangement between marriage partners for one of them to perpetrate, or, at least, give the impression they have perpetrated, an act that is deemed by the court of law as sufficient grounds for breaking up a marriage union based on fault in order for the other spouse to obtain a divorce. This begs the question: why would spouses agree to such an arrangement? Well, in a number of states, obtaining a divorce on fault grounds is a lot quicker compared to a no-fault petition. You can cling onto collusion as part of your defense, prior to the finalization of the divorce, if for one reason or another you change your thoughts about the divorce.  


This applies when one spouse agrees to a situation implicating the other spouse who perpetrates an unlawful act, and that misconduct qualifies as a reason for a fault-based divorce. Take the example of when one partner consciously allows their partner to engage in a deviant behaviour, such as cheating. In that case, the spouse who committed the unlawful act is not deemed to be at fault, therefore, a fault-based divorce is ruled out.

Note that connivance applies mainly in divorce petitions based upon adulterous behaviour. There's a difference between collusion and connivance because, despite the fact that both partners consent to the unlawful act, with connivance they have not decided in advance that separation is their ultimate goal.


This involves one spouse pardoning or accepting the other spouse's deviant behaviour that otherwise may qualify as grounds for fault-based marriage dissolution. Take for example the case of a husband who condones his wife's extramarital behaviour. If the husband goes on to file a divorce petition against the wife, alleging she has perpetrated infidelity, the wife may put up a defense arguing that her husband tolerated or excused her behaviour. This is an example of the use of condonation as a defense against divorce. To prove condonation, the defending spouse ought to demonstrate the other spouse:

·         Was conscious about condoning the spouse's adulterous behavior.

·         Pardoned the defending spouse.

·         Did not deny the defending spouse conjugal rights.

Talk to a family lawyer to weigh up your options in regards to raising the best possible defense against a fault-based divorce petition.

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Moral Support: Latest Information About Laws And Legal Processes

Welcome, everyone. My name is Hans and I'm a social worker. I spend most of my time out in the field visiting clients, but I also seem to spend an awful lot of time in courtrooms supporting them. It means that I have become quite familiar with the legal system and I am truly fascinated by the process. Whilst I'm no expert, I try to keep up to date with all the latest laws and procedures because sometimes the legal aid team is too busy to answer basic questions. I have started this blog for anyone who has questions about the law or is simply as captivated with the legal system as I am. I hope you find it to be an interesting read. Thank you for coming to my site.