Collusion in Divorce Cases

In its broadest sense, the legal term collusion refers to two parties that would normally be considered opposed to one another’s interests acting together to a produce a mutually beneficial outcome. Usually this collaboration is done in secret, and it is often illegal. One simple example might be a boxer intentionally losing a fight in exchange for a payoff from his opponent’s manager. On a larger scale, businesses that agree not to compete with one another in certain areas might be colluding if the result is higher prices for the consumer.

Interestingly enough, collusion is not an uncommon part of divorces. Although it would seem that the two parties would be at odds, if both spouses agree to fabricate an extramarital affair in order to make obtaining a divorce faster and easier, they are acting in collusion. Since the intention is to deceive the judge, this sort of behavior is illegal.

Collusion is almost exclusive to states that follow fault-based divorce protocol, meaning that one spouse must be proven to have been responsible for the failure of the marriage. However, the general trend toward no-fault divorce is steadily making collusion more of a non-issue, as public pressure against keeping two people married against their will continues to increase.

Contact Us

Collusion is just one of the many complex aspects of a divorce that must be considered from an informed legal standpoint. For help navigating the intricate terminology and processes that govern divorce law in California, contact the experienced team of San Jose divorce attorneys at the law office of Daniel Jensen, P.C., by calling 408-296-4100.