Four Defenses Involving Fault Divorce Prevention in Louisiana

Divorce Defenses Louisiana Southern Oaks

There are two types of divorces: no fault divorce and fault divorce.

From our divorce page:

More commonly used, a “no fault” divorce allows you to obtain a divorce without the necessity of proving any fault. To obtain a no fault divorce, you and your spouse must live separate and apart, without reconciliation, for a prescribed period before or after filing for divorce. That time period varies depending on whether or not minor children are involved. In general, you must live separate and apart for 180 days if there are no minor children of the marriage, and 365 days if there are minor children of the marriage.

Fault-based divorces allow you to obtain an immediate divorce, but only upon proof that your spouse committed adultery or was convicted of a felony and sentenced to death or imprisonment at hard labor.

According to nolo.com, “one spouse cannot stop a no fault divorce . . .  [but] a spouse can prevent a fault divorce, however, by convincing the court that he or she is not at fault”. The reason why a spouse cannot stop a no fault divorce is because “objecting to the other spouse’s request for divorce is itself an irreconcilable difference that would justify the divorce”.

On the other hand, several types of defenses, as follows, can prevent a fault divorce from happening. NOLO.com gives great examples of each defense:

  • Condonation: this is where one spouse approves of the other spouse’s behavior. For example: let’s say a spouse sues the other spouse for divorce and claims adultery. A defense for the spouse being sued is that the other spouse condoned this behavior.
  • Connivance: this is where one spouse sets up the other to catch him or her in the act. For example: a wife invites her husband’s lover to the house, then leaves for the weekend. If being sued for divorce, the husband could claim that he was set up.
  • Provocation: this is a bit different from connivance, in that it’s enticing the other spouse to commit a certain act. If a wife sues for divorce and claims that the husband abandoned her, it could be argued that she provoked this abandoning.
  • Collusion: we hear this term a lot nowadays, but what it really means, in a divorce case, is that both conspired to manufacture a ground for divorce. Let’s say that both spouses cooperated to mislead the judge in this way, and manufactured some grounds for divorce. If one of the spouses decides he or she no longer wants a divorce, of course before the divorce is granted, then collusion could very well be a defense.

Despite these four defenses being completely usable, they are not used often. For one, it’s very time consuming and expensive to prove a defense, to begin with. Secondly, and even more disappointing to those wanting to go through with a certain defense, efforts prove to be useless with the courts in many cases. It’s not exactly a popular action to force two people to stay married, so the courts may eventually grant the divorce, despite the defense being presented.

These are not the only defenses. The best person to help you build your case is with an experienced divorce lawyer. At Southern Oaks Law Firm, Taylor Fontenot is a caring, compassionate, and knowledgeable divorce attorney who will guide you along the entire process. Give Taylor a call today and relax knowing he’s here to help.