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Defenses for fault-based divorce

by | Jul 21, 2019 | Divorce

If you are a Pennsylvania resident considering ending your marriage, you may wonder where to begin. The starting point depends on your particular situation. At Sweeney Law Offices, LLC, we assist clients with services for no-fault and fault-based divorces.

According to the National Paralegal College, divorce by consent occurs when neither party must prove grounds for the dissolution of marriage beyond irreconcilable differences. However, if your other half refuses this method and files for a fault-based divorce, you may find that one or more accompanying defenses meet your needs:

  • Connivance occurs when one married person consents to an act by the other person, which constitutes grounds for a divorce. Once the action takes place, the previously consenting party files for marriage dissolution. Typically, this occurs when the fault is adultery, and the offended party knows it took place.
  • Collusion involves an element of fraud. It occurs when it seems that a party in a marriage commits performs an action constituting grounds for divorce. The act does not actually happen; it appears that way by design. In this instance, the goal is obtaining a divorce.
  • Condonation may apply when one party commits an act, such as adultery, that constitutes grounds for divorce. The remaining party, knowing about the transgression forgives and resumes the marriage. If the wronged spouse changes his/her mind and files for divorce, the court may deny it on the grounds of condonation. He or she knew about it and chose not to act.

If you receive paperwork for a fault-based divorce suit, a legal professional may help you defend and protect yourself. Visit our webpage for more information on this topic.