Defenses - Matrimonial Actions

Question 1

What is the defense of misconduct?

Answer 1

• Separation action
  
  • D may allege the misconduct of P
• Divorce action
  
  • the misconduct of P is no defense w/the exception of adultery
  • D is limited to denying the offense charged

Question 2

What is the defense to adultery?

Answer 2

• Available in both a separation & divorce action
  
  1. Connivance (Procurement)
     
     • spouse consented to the adultery of the other spouse
  2. Condonation
     
     • there has been voluntary cohabitation of the ptys w/knowledge of the offense
  3. Recrimination
     
     • dirty hands
     • P also guilty of adultery
     • both ptys are barred from obtaining relief on these grounds

Question 3

HYPO

Harriet files for divorce against William, claiming that William committed adultery. William admits that he committed adultery, but says that, after he committed adultery, he apologized to Harriet and she forgave him and continued to live with him. Can Harriet still obtain a divorce on the grounds of adultery?