False accusations in divorce can deal with any issue or situation when the other parent or party has made a false statement about you.
Unfortunately, false allegations and false accusations, two terms used interchangeably, are common in divorce situations and family law litigations in general. These occurrences tend to be most frequent in situations involving children. When these circumstances arise, they can have an impact on a person’s reputation, their credibility, and if accepted by the court, these statements can impact certain outcomes that the court is asked to decide. However, when it can be determined that allegations are false or circumstances have been misrepresented, there should nearly always be consequences to the person that made those statements.
If you find yourself in a situation where you have to respond to false allegations in divorce, it is essential that you are meticulous and organized and document the circumstances, so that if necessary, you will be able to prove your statements and support your case in court.
False allegations in divorce petition
These situations can be very stressful. Oftentimes, one parent fabricates false information about the other parent to gain leverage in the divorce proceeding. In the most egregious of circumstances, people make false allegations in divorce concerning domestic violence, hoping to bring about a negative consequence for the other parent, especially if that person could have devastating personal consequences as a result of the issuance of a final restraining order, such concerning their employment. For example, police officers and teachers have significant consequences if a final restraining order is issued against them. It is also common to see false allegations pertaining to adultery, infidelity or the dissipation of assets.
Dealing with false allegations in divorce and strategizing as to how to defend yourself against false allegations in divorce can have a significant psychological and emotional impact. Family law matters are often draining both financially and emotionally and when people resort to fabricating lies and making misrepresentations about the other party, it makes the circumstances even worse.
Can I sue my ex for false allegations?
Yes, you can sue your ex for false allegations, but that may not be the best way to proceed. It will depend on the circumstances. Remain calm, and if necessary speak with your lawyer about the possibility of filing counterclaims against the other person. In some circumstances, if it can be established that false allegations have been made by one party it can impact their parenting time. A court can assess counsel fees and costs if the determination is made that a person intentionally made false allegations about another person. It is also possible to file a separate, legal action against the person who has made false allegations against you.
What can I do if someone makes false allegations against me?
It is important to consider that when people make false allegations in divorce about another person, the objective is to try to cause stress, anxiety, and get a negative reaction from that person. Collecting documents and gathering evidence that support your case, such as video recordings, social media postings, text messages and voicemail messages, can be helpful.
In some situations, in addition to impacting their custody and parenting time, and the assessment of counsel fees and costs, criminal sanctions and penalties can also be imposed against a person, which could have severe consequences. Often, the threat of criminal sanctions deters people from this type of behavior.
It is important to do your best to remain in compliance with any court orders and always understand your legal rights. Consult with legal counsel and if you do not already have an attorney, make sure that you know the appropriate steps to take to restore your reputation.
Can a parent lose custody for false allegations?
If the situation is severe enough, custody can be impacted as a result of a person’s actions. The court evaluates situations based upon the best interests of the child. If the court determines that a person’s actions jeopardize the child’s best interests or calls into question a person’s judgment, parenting time and custody can be impacted.
How common are false allegations of abuse in custody cases/in divorce?
At times, these allegations can relate to child abuse and custody. When dealing with allegations concerning children, child protective services can become involved. This can often be a positive development because the involvement of child protective services can validate a person who is defending themselves against false allegations and can properly identify when abuse is taking place and take appropriate measures to protect the victim.
New Jersey custody lawyers
Here at DeTorres & DeGeorge, divorce attorneys in New Jersey, we work zealously to represent all of our clients. If you are concerned about false allegations in divorce and want to know how to defend yourself against false allegations and divorce contact us today. We will help you navigate even the most difficult circumstances, so that you can plan for your future. Schedule a consultation today. We are here to help!
Frequently Asked Questions
How difficult is it to deal with untrue accusations?
Dealing with untrue accusations can be overwhelming at times but the best approach is to be direct and thorough and document everything and be sure to be clear and provide evidence to support your case.
How can I protect myself from false allegations?
The best way to protect yourself from false allegations is to be honest with the court, honest with your attorney and compliant with the court’s directives and orders.
Can you sue your spouse for false accusations?
Yes, you can sue your spouse for false accusations, but you can also defend yourself against false allegations in other ways. Having legal counsel to navigate these situations is the best way to proceed.
What are a father’s rights against false allegations?
Fathers and mothers have the same rights against false allegations. It is necessary to respond to false allegations in court to ensure that you can support your case.
What do I do if my wife is lying about abuse during divorce?
Understand that allegations of abuse should be taken seriously. Speak with your lawyer and work to discredit untrue allegations of this nature.
What can false accusations cause?
When dealing with false allegations and divorce, it is important to also think about long-term considerations. Long after the divorce is finalized, and there are no longer court dates and attorneys, parents will need to figure out a way to parent their children together. Disparaging the other person and making false allegations about the other parent will only hurt the children in the end.