Divorce Dex.com: Connivance

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Definition Connivance - the secret consent to another’s commission of an unlawful act.

Application in Divorce Also known as "voluntary blindness," this defense has been abolished in many jurisdictions that have no-fault divorce. A spouse would claim that he or she gave the other spouse permission to perform an unlawful act, such as adultery, therefore no marital fault exists, thus a divorce cannot be granted.

The contrary, a spouse gives the other consent to commit adultery so they can file for a divorce and substantiate the ground of adultery rather than filing with a no-fault ground that may require a living separate and apart waiting period.

These are both examples of connivance.

See Collusion.

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What is connivance?

Connivance is a secret plan to achieve an evil or illegal end. For example: a wife wished to get a divorce from her husband. If she invites someone to stay at the couple’s house while she is absent, and that someone is there to seduce the husband into an affair, the husband could later claim that the wife connived – or set him to commit – the adultery in order to get a divorce under the grounds of adultery..

Contributed on 9/10/2007 by: Divorce Source, Inc. Allentown, PA [Total Contributions: 60]

Category: Divorce Grounds (Applicable in All States)

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