Defending Yourself Against Divorce Allegations
Getting a divorce in Fort Lauderdale often brings up uncomfortable feelings of anger, sadness, jealousy, and fear. Your spouse may hold a grudge over how the marriage ended and may get even more resentful during divorce proceedings. Unfortunately, this can cause them to make all kinds of allegations against you. Our Fort Lauderdale divorce lawyer explains how these could impact your case and the steps you can take to protect yourself.
How Allegations Of Marital Misconduct Impact Your Fort Lauderdale Divorce Case
When a marriage ends, it is common to look for a place to lay blame. Unfortunately, this can cause your spouse to accuse you of all types of bad behavior, which may or may not be true. While Florida is considered a no-fault divorce state, these accusations could end up impacting your rights in a final divorce order or settlement.
It is important to discuss any accusations or threats immediately with an experienced Fort Lauderdale divorce lawyer. Under the Florida Statutes, the only grounds for divorce are irreconcilable differences. This means that allegations of adultery, mental cruelty, physical abuse, habitual drunkenness, or other bad behavior are not required to file a divorce petition. However, they can impact your rights in important divorce-related matters, including:
- Equitable division of marital assets: You are entitled to a fair share of all homes, vehicles, money in bank accounts, and assets accumulated during your marriage. However, if your spouse alleges behavior on your part that may have depleted these assets in any way, it could reduce your settlement.
- Alimony payments: While you may be entitled to alimony if you make considerably less than your spouse, allegations of marital misconduct could prevent you from receiving these payments.
- Child-time sharing plans: If your spouse alleges behavior that could put your child at risk, it could impact your rights in creating a parenting plan.
Protecting Yourself Against Divorce Allegations
If your spouse makes false allegations against you, it is relatively easy to disprove their claims. Common types of evidence we can gather to present to the Broward County Family Court includes:
- Statements from family and friends attesting to your good character;
- Texts, voice recordings, and emails in which your spouse threatens to smear your name;
- Social media posts, such as those threatening revenge or attempting to turn people against you;
- Documents, including pay stubs, bank account statements, and credit card bills, disproving their claims.
Making false allegations in court is a serious crime. It could backfire against your spouse and may actually entitle you to a greater divorce settlement. If the allegations are in any way true, we can gather evidence pointing to underlying causes and how you have changed since the divorce was filed.
Request A Consultation With Our Fort Lauderdale Divorce Lawyer
Spouses may use false allegations as a means of getting control or revenge. To protect yourself against the potential harm they could cause, request a consultation with our Fort Lauderdale divorce lawyer. Call or contact the law office of Vanessa L. Prieto today.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
browardclerk.org/Divisions/Family
