How Should I Handle False Allegations During a Divorce?

divorce papers closeup

It can be hard to deal with a spouse who spews false allegations against you during a divorce. It makes it hard to negotiate in good faith and puts you on the defensive, and none of this will help you come to an agreement on some of the most important divorce-related issues any faster. So if your spouse decides to go down this road, you need to know how to behave yourself and rely on our Bergen County divorce attorneys.

What Kinds of False Allegations Are Often Made in Divorce Cases?

An angry spouse might say just about anything if they think it will hurt your chances of getting any kind of favorable outcome from your divorce case. Common false allegations include accusations of:

  • Child abuse
  • Domestic abuse
  • Financial abuse and hiding assets
  • Adultery

If you are credibly accused of anything like this, that could obviously hurt you when you are trying to negotiate a divorce.

What Should I Do If My Spouse Makes False Allegations?

If your spouse starts to make false accusations, you are probably going to get angry. You have to stay calm though, and you can’t lash out just because your spouse is acting poorly. Two wrongs don’t make a right, and they don’t help you get the divorce settlement you want.

Instead, you should talk to your lawyer and do a few of these things:

  • Document all communications with your spouse
  • Find witnesses willing to testify on your behalf and refute your spouse’s accusations
  • Let your lawyer do the communicating for you
  • Avoid interactions with your spouse, especially any that could turn into public arguments
  • Be completely transparent with your attorney about anything in your past that could affect your divorce case

We should also say that if the court issues an order, like a restraining order, you must follow it. Even if it is based on a false premise or you think you can talk to your spouse and clear things up, violating such an order is only going to cause you more trouble. Instead, listen to the court, listen to your lawyer, and focus on building your own case.

How Could These Allegations Affect My Case?

Your spouse is hoping that the court will side with them if they throw enough false allegations your way. If they have anything that can be used as evidence, that can be tough for you. However, if they have a flimsy case and you can show that, your spouse’s strategy could end up backfiring on them. Then the court has to decide between you and a proven liar when making decisions about property division, alimony, and child custody.

Schedule Your Free Consultation

So if you are struggling to deal with your spouse, let us help you. Contact Townsend, Tomaio & Newmark and schedule a consultation. We can tell you more about what we can do to help you through the divorce process.

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