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Connivance: What It Means in Legal Contexts and Family Law
Definition & Meaning
Connivance is the act of knowingly allowing or ignoring another person's wrongdoing, particularly when one has a duty to intervene. It involves tacit approval or agreement to the illegal actions of another individual. In the context of family law, connivance serves as a defense in divorce cases, where one spouse has implicitly or explicitly consented to the other spouse's acts of adultery or sexual misconduct. Consent is a crucial aspect of connivance; the spouse who is complaining must have agreed to the behavior in question. For instance, if a husband is aware of and accepts his wife's involvement in prostitution, he may lose the right to file for divorce based on that behavior.
Table of content
Legal Use & context
Connivance is primarily used in family law, particularly in divorce proceedings. It can be a defense against claims of adultery or other sexual misconduct. Understanding connivance is essential for individuals considering divorce, as it can affect the grounds for filing. Users can manage their divorce proceedings and related documentation through legal templates available from resources like US Legal Forms, which are prepared by qualified attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A spouse knows that their partner is engaging in an extramarital affair but chooses not to confront them or take any action. This may be considered connivance if the spouse later seeks a divorce on the grounds of adultery.
Example 2: A partner is aware that their significant other is involved in illegal activities, such as drug dealing, and does nothing to stop it. If they later attempt to file charges against the partner, their prior inaction may be seen as connivance. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Connivance in Divorce
California
Recognizes connivance as a defense in divorce cases.
Texas
Connivance can affect claims of adultery in divorce proceedings.
New York
Connivance may be used as a defense against divorce claims.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Collusion
An agreement between parties to deceive or defraud.
Collusion involves active cooperation, while connivance may involve passive consent.
Consent
Permission for something to happen.
Consent is a component of connivance but does not imply wrongdoing.
Acquiescence
Acceptance of something without protest.
Acquiescence may not involve the same level of awareness as connivance.
Common misunderstandings
What to do if this term applies to you
If you believe connivance applies to your situation, consider the following steps:
Document any evidence of consent or awareness regarding the wrongdoing.
Consult with a legal professional to understand how connivance may impact your case.
Explore legal templates available on US Legal Forms to assist with your divorce proceedings.
For complex matters, seeking professional legal assistance is highly recommended.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.
Potential impact: Loss of grounds for divorce if connivance is proven
Key takeaways
Frequently asked questions
Connivance in divorce refers to one spouse's consent to the other's acts of adultery or misconduct, which can affect the grounds for filing for divorce.
Yes, connivance can be proven through evidence of consent or awareness of the wrongdoing.
Connivance involves passive consent to wrongdoing, while collusion involves active cooperation to deceive or defraud.