Suppose that your spouse sues you for divorce, but you don’t want one. Is there anything you can legally do to “defend,” or prevent, the divorce? Defenses to divorce actions aren’t nearly as important today as they were forty to more years ago, when divorces were harder to obtain. Defenses are only relevant in divorces based on fault. No-fault divorces are essentially undefendable; If one spouse wants a divorce, there isn’t much the other can do to stop it.

In a fault divorce proceeding, if an innocent spouse forgives the adulterous spouse, the defense of “condonation” stops the divorce. Another defense is the assertion that the other spouse provoked the conduct complained of. The provocation must be sufficient to justify the wrongful act, however. For instant, a husband cannot justify an adulterous relationship because his wife refused to have intercourse with him one night.

Divorce is often a difficult and emotionally grueling process, however, having a Sacramento divorce attorney on your side that is caring, compassionate, and experienced can make the process less painful and traumatic. Call (916) 266-0188 today to schedule a consultation with an experienced divorce attorney in Sacramento, Robert N. Kitay.

At one time, a frequent defense was recriminination; The spouse who filed for the divorce was accused of being equally guilty of immoral or other wrongful conduct. If the wife asked for a divorce on the ground that, say, her husband committed adultery, the husband could defend the divorce on the basis that the wife herself had also committed adultery. Even if the husband agreed to get a divorce, some courts would not give the couple a divorce, since they were equally culpable. Today most courts simply would grant the divorce, end the couples suffering, and let them get on with their separate lives.

When divorces we permitted only because of one spouse’s fault, a couple who could no longer live together occasionally would agree that one of them should commit adultery so they could get the divorce. Unfortunately, if the judge found out about it, he or she would deny the divorce because of the parties’ collusion.

Divorce is often a difficult and emotionally grueling process, however, having a Sacramento divorce lawyer on your side that is caring, compassionate, and experienced can make the process less painful and traumatic. Call (916) 266-0188 today to schedule a consultation with an experienced divorce lawyer in Sacramento, Robert N. Kitay.