How can I defend against a claim for divorce from bed and board?

The party defending against an action for divorce from bed and board has the common law affirmative defenses still available in the alimony context, i.e., condonation, connivance, collusion and recrimination, also discussed in more detail in the alimony section of this website. The simple fact of the parties’ reconciliation while the action is pending is not a defense, however. Resumption of marital relations after a divorce from bed and board is granted nullifies the effect of the divorce. The resumption of cohabitation is measured under the standard enunciated in Section 52-10.2, quoted in the alimony section of this chapter.

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