A Few Defenses to Fault Divorce

Austin, TX (PressExposure) July 16, 2008 -- Fault divorces used to be the only way to break a marriage, and people who had differences, but did not qualify as "at fault", only had the option to separate. In the United States, New York is the only state that still requires fault for a divorce.

Prior to the latter decades of the 20th century, a spouse seeking divorce had to show a cause such as cruelty, incurable mental illness, or adultery. Even in such cases, a divorce was barred in cases such as the suing spouse's procurement or connivance, condonation, recrimination, provocation, or collusion. Learn more of this with the Austin divorce lawyer.

Connivance may be made when an accuser has assisted in the act about which they are complaining. In some legal jurisdictions, and for certain behaviors, it may prevent the accuser from prevailing. For example, if someone were to entice their spouse to commit adultery, they might be blocked from divorcing their spouse on grounds of that adultery. More information about this with the Austin divorce lawyer

Condonance may be made when an accuser has previously forgiven or condoned the act about which they are complaining. In some legal jurisdictions, and for certain behaviors, it may prevent the accuser from prevailing.

In law, recrimination is a defense in an action for divorce in which the accused party makes a similar accusation against the plaintiff. In plain English, it is a lawyer's way of saying "you too." Recrimination was generally considered by family law experts to be one of the most dysfunctional and illogical aspects of the old fault-based divorce system in common law countries. Visit the Austin divorce lawyer to learn more about this.

In criminal law, provocation is a possible defense by excuse or exculpation alleging a sudden or temporary loss of control as a response to another's provocative conduct sufficient to justify an acquittal, a mitigated sentence or a conviction for a lesser charge.

Collusion is an agreement, usually secretive, which occurs between two or more persons to deceive, mislead, or defraud others of their legal rights, or to obtain an objective forbidden by law typically involving fraud or gaining an unfair advantage.

A defense for a Fault divorce is usually expensive and not usually practical as eventually most divorces are granted. For more information about the Fault procedure of divorce, then visit the Austin divorce lawyer for more details.

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Press Release Submitted On: July 16, 2008 at 3:54 am
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