Handling False Allegations In Divorce
False allegations are claims made by one parent against the other, usually involving allegations of domestic violence or abuse of some kind. Many of these claims have merit; some do not. The claims that are not entirely true are most damaging to an innocent person involved in a divorce separation – especially when something like child custody is on the line.
Why Hire JC Law?
Consider hiring us because our firm has been here since 1992. We are attorneys with years of experience representing people and families in Baltimore and throughout Maryland. We have handled the tough cases involving domestic violence and false allegations.
Is Your Spouse Lying About Something To Gain Favor In The Divorce?
You are expected to tell the truth when you are going through a divorce. Unfortunately, a party lying to avoid allegations or make the other party look bad does happen. In these circumstances, the situation changes and becomes more than bickering that the court may disregard.
When false accusations of domestic violence are at issue, we often see two types of lies. Sometimes, a spouse will lie by making false accusations of spousal abuse, and, at other times, a spouse will lie by denying the abuse they committed. Verbal accusations can be difficult to prove in court. If a spouse is lying about the presence of abuse in the marriage, there often will not be any witnesses to attest to the abuse that has taken place.
Spouses also lie about finances and adultery in divorce proceedings. Lying about money often happens when a spouse is trying to protect their assets or keep as much of their property as they can. Hiding money in a divorce proceeding amounts to perjury. The lying spouse may have to pay the other’s legal fees or higher alimony payments. When your spouse accuses you of adultery or denies having committed it themselves, they may try to make themselves look better or put you down to win favor with the judge.
The penalties for false accusations in Maryland depend on the nature of the crime. Someone who intentionally lies may have to pay high fines or even face prison time. At JC Law, we can help you navigate the stress of a lying spouse to protect your interests so that the lies do not get in the way of what you deserve.
Using Evidence To Combat False Allegations In Divorce
The best way to fight false allegations is with facts and evidence. With everything you are going through during your divorce, it may seem unfair that you must disprove lies on top of everything else. Fighting back against false allegations is crucial to prevent them from becoming the prevailing narrative in your divorce.
With false allegations, the facts will be on your side. We can help you determine the best evidence to refute the lies.
Evidence that may be useful to prove behavior include:
- Social media posts
- Witness testimony
Remember that if the allegations have no basis, your spouse will likely be unable to provide evidence or witness testimony. It will only help your case to back up your claims and prove that your spouse is lying.
Why False Domestic Abuse Allegations Are So Much Trouble
Domestic violence is a serious issue handled by both the family and criminal courts. A domestic abuse allegation can result in criminal charges, but the damage may already have been done even if you are cleared of those charges. Here’s why:
A parent may make false allegations against the other parent in an effort to gain control over the outcome in a divorce or separation involving child custody. As a result, some family law judges will use extreme caution in making decisions, with unfair bias against someone who has been accused of abuse. In other words, false allegations can mean that you end up losing primary custody or even visitation time.
“My ex-wife filed for a custody modification. The day of the trial, [my attorney] knew the LAW and we won our trial.”
Don’t Wait To Fight Back
Working with an experienced divorce attorney can provide you with the necessary tools to fight back against false allegations. Contact JC Law at 443-971-8884 or connect with us online to schedule a consultation and meet with one of our experienced divorce attorneys.