When a couple divorces, there are bound to be hurt feelings. Hurt feelings can lead to individuals lashing out at each other, sometimes making threats and accusations. When you are going through the legal processes of a divorce, such as the determination of an appropriate parenting time agreement or the valuation of your marital property, assertions made about your current or previous conduct are taken seriously. And that could mean potentially losing out on property that is rightfully yours or having the court create a parenting time agreement that does not allow you much time with your child.
If you are facing a false accusation, you need to work with an experienced divorce lawyer to prove that the claim is not true. You can do this by providing sufficient evidence to the contrary, which your lawyer can help you obtain and use effectively.
Examples of False Claims you Could Face in a Divorce
- Substance addiction;
- Domestic violence, which can be physical, emotional, psychological, sexual, or financial;
- Assertions that you spend money from your joint bank account on an affair partner;
- Hiding assets; and
- Poor parenting skills.
Proving that Allegations are Not True
How you handle a specific allegation depends largely on the claim itself. For example, if you are facing an accusation of being a distant parent who has a poor relationship with your child, useful evidence to the contrary can include testimonies from individuals who are familiar with your relationship with your child, such as your child’s teacher or parents of your child’s friends. A claim of the misuse of marital funds can be disproved by sharing your financial records, and an accusation of substance abuse can be proven wrong with the results of a drug test.
Whatever you do, do not lie to the court. If you are accused of struggling with substance abuse and the claim is true, accept that you might need to undergo a drug treatment program in order to have a parenting time agreement that allows you to spend a significant amount of time with your child. However, if you feel an assertion does not accurately portray an issue, speak up. For example, you might enjoy a beer after work each day, but your former spouse could try to twist this into a claim that you are an alcoholic and that this interferes with your ability to parent your child. Evidence showing that your moderate drinking does not impact your relationship with your child could include testimonies from those close to you and information gathered during an evaluator’s interview with your child.
Work with an Experienced Chicago Divorce Attorney
Nobody deserves to be accused of things they did not do. However, it can and does happen in many divorce cases, especially when the divorce becomes contentious. Defend yourself against a false allegation by working with me, an experienced Chicago divorce attorney. Together, we can combat your former spouse’s accusations and show the court the truth. Otherwise, your case could be determined unfairly.
