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Family Law

Defenses to Divorce

Defenses to Divorce

Examine the most common defenses to fault-based divorce, including unclean hands, recrimination, condonation, collusion, insanity, and laches.


Recall that historically, the only grounds recognized for divorce by the courts were all fault-based. No-fault divorce was not recognized until well into the 1970s. Over time, states developed robust bodies of both common law and statutory law dedicated to the various defenses that could be raised in divorce proceedings. This clip will examine the most common defenses that can be asserted in a fault-based divorce action: unclean hands and the closely related recrimination, condonation,...