Family Law

Defense Grounds for Divorce: Reconciliation

Reconciliation is one of the defenses to the fault grounds for divorce. Reconciliation is a defense related to condonation. Like condonation, the reconciliation defense involves forgiveness on the part of the spouse that filed for divorce. The term reconciliation often is used loosely to describe any forgiveness with resumption of the marriage relationship.

Reconciliation may include actions that occurred prior to the filing of a divorce action but generally it refers to actions occurring after a divorce suit is filed but prior to a divorce becoming final.

The recent trend is to eliminate divorce defenses and states that have adopted marriage breakdown or a similar standard as the sole ground for divorce have eliminated reconciliation as a defense.

If your spouse has filed for a fault-based divorce that you don't want, you may want to consult a divorce attorney for advice on reconciliation as a defense. 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?
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