Divorce is a tragic occurrence in our society. Unfortunately, sometimes there are unresolved disputes revolving around a divorce case. There are legal defense strategies that are utilized by the party whose spouse has filed for a fault-based divorce. It’s always best to have a divorce attorney in Bristol TN working for you to plan the best strategy in your case. We advise that the truth should be presented in all legal situations exclusively, regardless of the various options available in divorce court as described below. Having said this, the following is a short review of some of the most common defenses used by individuals who are facing a divorce from their spouse.
The basic meaning of condonation refers to one party condoning the actions of another. In the case of a divorce case, this could refer to a number of things. If your spouse is filing for a fault divorce on the grounds of adultery, a defense might be that the spouse condoned your actions, although this defense is not suggested and only serves to define the above term for the reader. A more feasible example would be if you are a gambler and you lose thousands of dollars over the years. Your spouse decides that you lose too much money by gambling and files for divorce. If your spouse goes gambling with you sometimes, you could argue that your spouse was condoning your behavior. For this defense to be effective, you’ll need to prove that your spouse knew of your behavior, forgave your behavior and continued to have sexual relations with you afterwards.
This defense is similar to condonation. With connivance, one spouse consents to another’s wrongdoing and then uses it as grounds for divorce. For example, if you consented to your spouse doing some particular activity, you can’t file for divorce after knowing about it and use that as your grounds. This is a very common defense in divorce court when one spouse tries to defend adultery charges that have been brought against them.
One of the rare defenses used in divorce proceedings is called recrimination. This occurs when a wife, for instance, files for divorce from her husband and she cites wrongdoing as her grounds for divorce. Recrimination occurs when the husband then accuses the wife of wrongdoing that could be used as grounds for divorce. When this happens, the courts evaluate each case individually before making a decision.
Consult with Your Attorney
There are several more defenses to a fault-divorce than just the ones listed above. You should consult with your divorce attorney in Bristol TN to discuss your options if your spouse has filed for a divorce. You can discuss other defenses and plan a strategy to ensure your fair treatment by the courts.
At the Law Offices of Andrew E. Farmer, you will find qualified divorce attorneys who can help you through every step of your divorce case. Find out more information about how we can help you by visiting lawofficesofandrewefarmer.com.