Divorce Dex.com: Affirmative Defense

Definition Affirmative Defense - new facts or legal defenses in response to the opposing spouse’s pleading.

Application in Divorce In a pleading, an affirmative defense is a response, which assuming the complaint is true, constitutes a defense to it. An affirmative defense provides an explanation and justification that must be pleaded in an answer, accord or satisfaction. Assumption of risk, duress, coercion, and estoppel are examples of affirmative defenses.

See Assumption of Risk, Duress, Coercion, and Estoppel.

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