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Condonation Law & Legal Definition

Condonation is governed by state laws, which vary by state, and is generally the act of forgiving one's spouse who has committed an act of wrongdoing that would constitute a ground for divorce. Cohabitation or resuming marital relations with the misbehaving spouse after knowledge of the wrongful act may be used as proof of condonation. Condonation is often used as a defense to a divorce.

Acts amounting to cruelty may operate to revive condoned adultery.

The following is an example of a state statute defining condonation:

" 25-4-22. Condonation defined--Required elements. Condonation is the conditional forgiveness of a matrimonial offense constituting a cause of divorce.

The following requirements are necessary to condonation:

  1. A knowledge on the part of the condoner of the facts constituting the cause of divorce;
  2. Reconciliation and remission of the offense by the injured party;
  3. Restoration of the offending party to all marital rights."




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