Affirmative Defense to Inappropriate Marital Conduct

An accused spouse may raise an affirmative defense sufficient to release the fault from the guilty behavior. (Affirmative defenses must actually be asserted by the party accused of misconduct; affirmative defenses are not automatic.) When a spouse accused of inappropriate marital conduct offers an affirmative defense, he or she admits to the problematic behavior, but then offers an excuse or justification for it. That is to say, there was a good reason for why the accused spouse committed the misconduct.

More specifically, an affirmative defense to inappropriate marital conduct is only allowed for insanity or justifiable cause. Asserting the insanity defense requires proof that the guilty spouse did not possess the mental capacity to understand or control his or her own conduct. The guilty spouse who asserts the justifiable cause defense must prove that his or her own act or behavior was a reasonable reaction to the circumstances or provocation.