As you probably already know, in Virginia, there are two types of divorce cases– no-fault uncontested divorces and fault-based contested divorces [insert link to an article about this].
While no-fault, uncontested divorces are preferred because they save a lot of time and money, occasionally, divorces based on fault can be beneficial. For instance, adultery is based on a spouse’s wrongdoings and can be filed immediately in court. Other fault-bases such as desertion, a felony conviction, and cruelty may have a waiting period. Still, they might offer some type of additional relief while the divorce is pending or favor when it comes to distributing marital property and assets. This type of divorce is crucial because you must provide valid proof of the wrongdoings. This will involve witnesses to support your claim. Additional expenses will also be incurred. However, the divorce might result in a financial benefit if your spouse is proven to be at fault.
Whether you plan to file a fault-based divorce against your spouse or have been accused of wrongdoings by your spouse, it is important to know the common defenses to these claims.
Here are a few of the most common defenses:
1. Recrimination
Recrimination is when both partners in a marriage accuse each other of the same fault-based grounds for divorce. For instance, if a wife accuses her husband of adultery, and he responds by leveling the same accusation against her. This is often done in an effort to gain an advantage in divorce proceedings. However, this kind of defense could hinder either party from successfully securing a divorce.
2. Connivance
Connivance can be claimed when the spouse, who is accused of a wrongdoing, asserts that the other spouse had given consent to the misbehavior. This could occur, for instance, when one spouse intentionally creates circumstances that lead the other spouse to commit adultery. However, this type of defense can be difficult to establish as it requires proof that the spouse actively promoted or agreed to the misconduct.
3. Condonation:
Condonation is a term used in divorce cases where it is claimed that the spouse who committed misconduct, such as adultery, has been forgiven by the other spouse
Not sure if your divorce is uncontested? Our short quiz will help you determine.
