Unfortunately, some marriages fail. In such instances, courts located in certain regions might require that grounds be shown before said legal entity will grant divorce proceedings. How efficiently a spouse defends accusations of committing a specific ground might determine how well said individual fairs in a court-ordered divorce rendering. One such defense is a concept known as condonation.
Typical Grounds For Divorce
Acceptable grounds for divorce are often determined by the specific location governing such laws. However, there are certain common divorce grounds that many adjudicating courts will accept as legitimate including physical, mental or emotional abuse of one spouse towards the other, desertion (whereby one spouse abandoned the other for a specific duration), alcohol abuse or substance addiction, adultery, mental illness, impotence, imprisonment and criminal behavior by one spouse or the other. Once again, every location is different and might deem numerous other issues suitable grounds for divorce.
Defending Accusations Of Specific Grounds
Should a court accept one spouse’s accusation of grounds, the accused spouse can formulate an argument based upon specific defenses. Common defense grounds include recrimination (in which the accused claims the accuser committed the same acts), provocation (that the accuser provoked the accused into performing specific acts of malfeasance), connivance (when the accuser lures the accused into committing the act in question) and collusion (in which both spouses concocted a clandestine scheme to be awarded a divorce perhaps for personal or financial gain).
Some spouses accused of committing a specific malfeasant act utilize condonation as a defense. When the accused uses the condonation defense, said individual claims that their spouse condoned or enabled their questionable behavior while said malfeasance was occurring. In certain instances, condonation can be proven by the accused by illustrating that the accuser knew of this behavior and took no action to stop it. One specific example of such circumstances would be if the accuser continued to live with the accused after gaining knowledge of the accused’s pattern of malfeasance.
In some cases, condonation may precipitate reconciliation. When couples achieve reconciliation, the resume their duties as married spouses. Typically, this means the partners in question once again live together and all legal proceedings are ceased.