Which defense may bar an adultery-based divorce claim?

Which defense may bar an adultery-based divorce claim?

• A. Recrimination
• B. All of the above
• C. Connivance
• D. Condonation

Answer: (B)

When a divorce is sought on the basis of adultery, several defenses can defeat that fault claim. Recrimination means the filing spouse themselves engaged in adultery, so the court won’t grant relief on fault when both parties are guilty. Connivance occurs when the plaintiff either encouraged or incited the other spouse to commit adultery, making it inequitable to base the divorce on that fault. Condonation is forgiveness of the adultery with knowledge of the act, often accompanied by continued cohabitation, which removes the fault that would support the divorce. Since each of these defenses can independently bar an adultery-based claim, the best answer is that all of the above defenses may apply.

When a divorce is sought on the basis of adultery, several defenses can defeat that fault claim. Recrimination means the filing spouse themselves engaged in adultery, so the court won’t grant relief on fault when both parties are guilty. Connivance occurs when the plaintiff either encouraged or incited the other spouse to commit adultery, making it inequitable to base the divorce on that fault. Condonation is forgiveness of the adultery with knowledge of the act, often accompanied by continued cohabitation, which removes the fault that would support the divorce.

Since each of these defenses can independently bar an adultery-based claim, the best answer is that all of the above defenses may apply.