Are there any defenses to a divorce action?

Yes, there are certain defenses to a divorce action in California. One is the defense of res judicata, which means that if a divorce action has been previously decided by a court, there can be no further action between the same parties. Another common defense is the defense of collusion. Collusion means that one or both parties entered into a divorce settlement agreement with the intent to defraud the court or otherwise manipulate the outcome of the divorce. A third defense is the defense of condonation, which means that the wronged spouse has forgiven the other spouse for the wrong committed against him or her. This defense has become less common in recent years due to changes in the law. Finally, it is possible to defend a divorce action by showing that the other party was responsible for creating an "unsafe and unlivable" living environment. This is referred to as a fault divorce. In order to prove this, an attorney must demonstrate that the other spouse committed an action that was severe enough to make the marriage untenable. Although there are certain defenses to a divorce action in California, most divorces are settled out of court. Therefore, it is important to have a skilled attorney to help guide you through the process. Additionally, if you have any questions or concerns, it is always wise to seek legal advice before proceeding.

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