What does "connivance" mean in the context of divorce defenses?

Prepare for the New York Family Law Bar Exam with comprehensive questions and detailed explanations. Enhance your understanding of family law concepts and test your readiness. Aim for success!

In the context of divorce defenses, "connivance" refers to the idea of consent to a wrongdoing. This concept comes into play particularly in cases where one spouse may have committed an act that would typically be grounds for divorce, such as adultery, but the other spouse had prior knowledge of this behavior and implicitly consented to it by not taking action against it.

When one spouse is said to have connived at the actions of the other, it suggests that they were aware of the misconduct and accepted it, which can undermine their ability to later claim that behavior as a basis for divorce. This defense illustrates how marital dynamics and the awareness of each partner's actions can influence the proceedings. Connivance essentially posits that the spouse who is seeking divorce cannot rightfully complain about the other's wrongdoings if they allowed those actions to occur without objection or if they actively facilitated them.

In contrast, forgiveness of a marital wrong, reconciliation after separation, or ignoring marital problems do not capture the legal implications of consent to wrongdoing that connivance embodies. These other options describe different facets of marital relationships but do not directly address the concept of consent and complicity that connivance entails in the legal arena.

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