Dealing With False Allegations During Your Divorce
Going through divorce proceedings can involve highly contested legal battles, particularly if there are children or large amounts of property or assets involved. While not common, one of the spouses may elect to use false allegations when filing for divorce, as a means of getting sympathy, revenge, or a more favorable ruling in the case. Anytime there are allegations involving domestic violence, it should always be taken seriously, but there are times when these and other types of assertions can be proven false.
The Impact of False Allegations On Your Divorce
Divorces are granted without the need for specific grounds in our state, but under Florida divorce statutes, allegations of misconduct can impact alimony awards, property distribution, and time sharing plans involving children. Whether intended as a means of revenge or to sway the opinion of the court and others involved in the case, false allegations can do damage during divorce proceedings. Common types of allegations include the following:
- Marital affairs and adultery;
- Misuse of marital funds or destruction of property;
- Personal problems, such as mental disorders or emotional instability;
- Addictive behaviors, such as gambling, alcohol, or drinking problems.
When dealing with cases involving allegations of domestic abuse, neglect, and violence against children, whether it involves physical actions or emotional abuse, it is better to err on the side of caution. According to the American Bar Association (ABA), based on statistics from the Commission Against Domestic Violence, spousal and child abuse is a factor in as many as fifty percent of divorce cases, and two thirds of these allegations are based on fact.
Defending Yourself Against False Allegations
Short of allegations of abuse in child custody proceedings, a spouse may attempt to show that you are unfit to participate in parenting plans and time sharing arrangements. To avoid paying alimony or to influence property distribution, they may claim that you recklessly spent money on affairs or addictions, or failed to contribute to accumulating assets in your marriage.
If you have been falsely accused of abuse, immoral or illegal conduct, or any other type of behavior which could negatively impact your case, our Florida divorce attorney can work with you to defend you against these accusations. The court will require the other party to submit some type of evidence to substantiate their claims. In addition to using a lack of any hard evidence in your favor, you may be able to disprove any negative claims through the following:
- Letters, voicemail recording, and social media posts made by your spouse;
- Records or reports documenting episodes involving the police;
- Medical records, and statements from a doctor or counselor;
- Financial records and proof of expenses;
- Employment history and statements from your employer or coworkers;
- Statements from family members or friends.
To get the kind of aggressive legal representation you need to defend you in a contested divorce involving false allegations, call or contact the law offices of Vanessa L. Prieto online today. We can arrange a free consultation in our Orlando office with our experienced Florida attorney, who can help you determine the best course of action in your case.
Resource:
americanbar.org/content/dam/aba/publishing/cdv_enewsletter/custodymythsandcounter.authcheckdam.pdf
