Connivance is one of the defenses to the fault grounds for divorce. Connivance is when one spouse sets up or consents to a situation involving the other spouse committing a wrongdoing that is the reason for divorce.
An example of connivance is when one spouse gives the other spouse permission to perform an unlawful act, such as adultery. In that case the other spouse would not be considered to be at fault so a fault-based divorce would not be granted.
Connivance has been used as a defense primarily actions for divorce based upon adultery. The recent trend is to eliminate defenses in divorce cases, and states that have adopted marriage breakdown or a similar standard as the sole ground for divorce have eliminated connivance as a defense.
If you want to bring up a defense against a fault-based divorce action, you may want to consult a divorce attorney for advice. An attorney can make sure that you completely understand the available defenses to a divorce in your state as well as any legal consequences.
Questions for Your Attorney
- You may want to ask your attorney the following questions:
- How much experience do you have with divorce cases?
- Do you have references that I can contact, preferably divorce case clients?