What To Do If Falsely Accused During Divorce?
Even though Florida is a no-fault divorce state, your spouse may still make certain accusations against you during the process. Your spouse may try to accuse you of having a substance abuse problem, or even domestic violence, in an attempt to obtain a better outcome for themselves. While divorce is always difficult, these false accusations will only make the process more challenging, and it is natural to become emotional upon hearing of them.
However, it is critical to remember that there are ways to fight back against these attempts to tarnish your character. Below, one of our Tampa contested divorce attorneys outlines the steps to take if you have been falsely accused during the process.
1. Your Spouse Must Prove the Allegations
If your spouse has made an allegation against you, they will have to prove to the court that their allegations are true. Any time an accusation is made in court, the person making it has the burden of proof to establish it is true. Your spouse’s accusations will not mean much if they cannot prove them. Even if the allegations result in an arrest, the police cannot hold you in custody if there is no evidence that you committed a crime.
2. Do Not Violate Temporary Orders
If a judge has already issued temporary orders until your divorce case is final, it is very important that you do not violate them. It is natural to feel angry, frustrated, and hurt after your spouse falsely accuses you. It is also tempting to withhold child support or refuse to allow your child to see your spouse for their allocated parenting time. Do not give in to this temptation. Violating court orders is an extremely serious matter and will come with very harsh penalties. Comply with all court orders so you do not face the consequences.
3. Defend Against the Accusations
Again, the court will not simply take your spouse at their word. You have the right to defend against the accusations and prove that they are false. Our Tampa divorce lawyers know what defenses are available and how to prove your innocence. If you can prove that the allegations are untrue, your spouse may also face certain penalties if he or she knowingly makes false accusations. So although you do not have to prove that the accusations are false, it is helpful to show the Court why they are false.
4. Gather Evidence
It is critical that you keep detailed notes and that you retain certain evidence before or as soon as you start the divorce process. Text and email messages can show why your spouse may have reason to make false accusations, as can social media posts. Witness statements from friends and family members can also shed light on your spouse’s character and why they may want to make false accusations.
Call our Tampa Contested Divorce Attorneys Now
You should always work with a well qualified, experienced Tampa contested divorce attorney when ending your marriage, if you and your wife or husband do not agree, but this is even more important when your spouse is making false accusations against you. At All Family Law Group, each of our attorneys has at least a decade and a half of experience in divorce and family law. They can help you disprove the allegations and make sure your rights are upheld so you obtain the best outcome possible. Call us today at 813-672-1900 or contact us online to schedule a free consultation and to learn more. Se habla Español.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html
flsenate.gov/laws/statutes/2012/61.30
