False allegations: Fighting back is important for your divorce

by | Dec 15, 2017 | blog, Firm News

It was devastating to find out that you were being accused of child abuse. You love your children, and the thought that you’d be abusive to them or to another adult is beyond your comprehension. You know your spouse is making allegations of domestic violence and child abuse to hurt your case in court, but you’re not sure what steps you can take to fight them.

It’s important for you to take the time to fight the allegations an even to launch your own lawsuit against the other party. Your reputation is on the line, and because your divorce is public, those allegations could have far-reaching consequences.

Why would people claim child abuse or spousal abuse when it didn’t happen?

The main reason is because they want to have power over you in court. If a judge believes you were abusive, you’re going to be less likely to obtain custody or anything you’re after during divorce. Fortunately, proving that the other party lied helps you show that he or she is manipulative and destructive to your relationship with your children, which actually helps you win custody in the long term.

How does filing a lawsuit help?

If you file a lawsuit against the other person for slander, you could show that you’re serious about the allegations and that you’re not willing to let the other party say what he or she wants without repercussions. Additionally, if you suffer financial losses because of the allegations, he or she might be held responsible for them.

False allegations of spousal or child abuse are bad for your divorce case. If you fail to fight those allegations, you could face criminal charges, restraining orders or other unnecessary and hurtful penalties. Remember that you have a right to have the truth known.

Archives

FindLaw Network