If you face false accusations from your spouse as you work through your divorce, you need to take action to prove to the court that the allegations are not true. If you have not yet determined whether you will divorce through litigation or a form of alternative dispute resolution (ADR) like mediation when your spouse starts making accusations, the choice can become much easier to make. ADR is not for you if you cannot trust your spouse to be honest and willing to work amicably with you.
Examples of False Accusations During a Divorce
Generally, false accusations are made in an effort to discredit an individual. However, they can sometimes be based in misunderstandings or lies told to the individual making the accusation. If you find yourself facing false accusations during your divorce, the first thing you should do is speak to your spouse about the claims he or she has made. If your spouse is not willing to hear the truth or if he or she clearly knows better, yet chooses to continue to attack your character, talk to your lawyer about using evidence to disprove the accusations.
A few examples of false accusations an individual can face during the divorce process include:
- Accusations of adultery;
- Accusations of domestic violence;
- Accusations of child neglect or other acts that harmed his or her children;
- Accusations of hiding assets;
- Accusations of substance abuse; and
- Accusations of criminal activity.
These accusations may be made to deprive the individual of custodial time with his or her children or his or her share of the couple’s marital assets. In any case, it can hurt the party accused of wrongdoing and when accusations are proven to be false, they can backfire on the accusing party.
Prove your Spouse Wrong
You can prove your spouse’s allegations to be wrong through the use of evidence. Work with your lawyer to obtain relevant evidence to show the truth. For example, if you are accused of being a neglectful or uninvolved parent, you can present testimonies from your child’s teachers and other adults in his or her life to the contrary. An accusation of domestic violence or criminal activity has no weight without a police record to support it. If you are accused of abusing drugs, you can submit a clean drug test to prove that you are not using illegal substances.
For accusations regarding your finances, you can work with a forensic accountant to show that you are not hiding or misusing marital funds. He or she can trace your income and all of your marital assets to demonstrate that you have been transparent about your finances.
Work with an Experienced Clinton Divorce Lawyer
Your divorce lawyer is your advocate. If you face false allegations during your divorce proceeding, your lawyer can help you clear your name and assert your rights. To learn more about what you can expect from the divorce process and how to handle certain scenarios as they arise, speak with one of the experienced divorce lawyers at Iafrate & Salassa, P.C. Contact our firm today to schedule your free consultation with us.