Making The Deal Count

Defenses To Help You Stop A Fault Divorce

22 November 2019

Trix Van Zee

Although virtually all states allow no-fault divorces, some people still prefer to file for a fault divorce. If your partner is such a person, then you may be interested in ways of stopping such a divorce. Below are some of the defenses you may use against your partner's accusations.

Connivance

Connivance is basically a defense of claiming that your partner set you up to fail. That is, you are claiming that you did what you did because your partner set you up to behave that way. Consider an example where your partner knows that you are attracted to another person, but you haven't committed adultery. Your partner then plans for your subject of admiration to come to your house, ply you with drinks, and seduce you while your partner is out of the house. In such a case, you can use the defense of connivance to avoid divorce.

Condonation

The defense of condonation means that your partner approved, excused, or looked the other way when you committed the act. It may also mean that your partner forgave your bad behavior. Consider an example where your partner knows that you have a relationship on the side but chooses to look the other way. A short time later, your partner then chooses to use your adultery as a basis for divorce. If you can prove your allegations, the defense of condonation may help you avoid divorce.  

Provocation

You may also defend yourself by proving that your partner is the one who provoked you to behave the way you did. This is a classic defense for those accused of abandonment. For example, this might be the case if your partner is abusive and has been beating you every time you come to your house. You then choose to stay away for the sake of your safety, and after some time, your partner accuses you of abandonment. You can use the physical beatings to prove provocation so that your partner doesn't get a fault divorce. 

No Ground

Another way to avoid a fault divorce is to prove that the accusations against you are false. Typical grounds for divorce include abandonment, mental illness, adultery, and cruelty, among others. You need to craft your defense to target the specific allegations your partner has leveled against you. For example, if your partner is alleging adultery, you can prove that nothing happened between you and the alleged adulterer.

Note that you can stop a fault divorce and file for a no-fault divorce if you so wish. Consult a divorce attorney for advice specific to your circumstances.

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