Defenses

Question 1

Defense to Fault Grounds for Divorce

Answer 1

1. Condonation
2. Connivance
3. Collusion
4. Provocation
5. Recrimination
6. Statutory Defenses to Adultery

Question 2

Condonation

Answer 2

• Where one spouse knowingly forgives the other’s marital wrong,
• by words or conduct,
• so that the marital relationship is continued.

In that case such forgiveness may bar an action founded upon that marital wrong.

Question 3

Connivance

Answer 3

• Connivance is conduct by the plaintiff
• facilitating the commission of a marital wrong,
• usually adultery, by the defendant

AKA creating the circumstances for spouse to commit adultery

Question 4

Collusion

Answer 4

Collusion is an agreement by the parties to obtain a divorce by other than a bona fide adverse proceeding

Question 5

Provocation

Answer 5

• defendant may defend a divorce petition by alleging that his misconduct was provoked by the plaintiff

Question 6

Recrimination

Answer 6

There is not one innocent and injured spouse but both parties have engaged in fault conduct and therefore they are stuck together

The acts of fault cancel each other out

Question 7

Statutory Defenses to Adultery

Answer 7

• The Pennsylvania Divorce Code retains the common law defenses for fault grounds and codifies defenses to adultery.
• In a divorce action on the ground of adultery, it is a good defense if the defendant proves that the plaintiff:
  
  • has been guilty of like conduct;
  • admitted the defendant into “conjugal society or embraces” (i.e., condonation) after knowing of defendant’s adultery;
  • allowed or profited from the defendant’s prostitution; or
  • exposed the defendant to lewd company which ensnared the defendant in the offense

Question 8

Defenses Abolished as to No-Fault Grounds

Answer 8

The Pennsylvania Divorce Code abolishes the common law defenses of condonation, connivance, collusion, provocation, and recrimination as to the no-fault (irretrievable breakdown) provisions