There are a variety of reasons why spouses choose to defend against a divorce. Sometimes, a spouse will select a defense as a way to resist being blamed for the marriage ending.
A List of Available Defenses
Many individuals are not aware that there are a variety of available defenses that can be raised in response to a Georgia divorce. The list of available defenses include the following:
- Collusion: If there is evidence that adultery, cruel treatment, desertion, or intoxication were used by the parties as justification for divorce, a divorce will not be granted.
- Condonation: If one spouse voluntarily forgives the other spouse of marital misconduct with full knowledge of that spouse’s wrongful action, condonation occurs. Condonation is a complete bar to a divorce based on that specific instant of marital misconduct.
- Connivance: Connivance occurs when one party consents to the commission of marital misconduct but later asserts this misconduct as a cause for divorce. Connivance is not the same as condonation because connivance occurs where one party consents to the other party’s misconduct, while condonation occurs when one party forgives the other party after the commission of marital misconduct.
- Insanity: A defendant may respond to a divorce action by relying on the defense of insanity. An insane spouse spouse is not capable of committing cruel treatment or desertion because these acts require intentional behavior.
- Prior Existing Marriage: A defendant may defend against a divorce on the grounds that one of the parties is still legally bound by an existing and undissolved marriage. The effect of this previously un-dissolved marriage will cause the new marriage to become void.
- Reconciliation: Reconciliation is a defense related to condonation. Similar to condonation, a defense of reconciliation involves forgiveness on the part of the spouse that filed for the divorce.
- Recrimination: If an individual alleges any grounds for divorce other than the marriage is irretrievably broken, a defendant can defend themselves with the defense of recrimination. A party is not entitled to a divorce if they are guilty of the same conduct that was alleged in the complaint. As a result, if both parties are guilty of the same conduct, neither party is able to raise this behavior as a defense.
The Assistance of a Seasoned Georgia Divorce Attorney
Filing a fault divorce comes with the potential that the other spouse will raise defenses. This process can greatly complicate the divorce process as well as create additional legal obstacles for both parties. Individuals should also remember that fault based divorces are not recognized in many other states besides Georgia which makes this matter particularly unique. If you are considering filing for divorce in the state of Georgia or believe that your spouse will file for divorce, it is a wise idea to retain the assistance of a skilled divorce attorney. Discussing matters with the attorneys at Vayman & Teitelbaum, P.C can prove particularly beneficial. Our legal team is ready to discuss your situation because fault can significantly impact how a divorce is decided. Contact our law firm today by visiting the firm online or calling 678-736-7700.
