How to Deal with a False Accusation during the Divorce Process

 Posted on April 19, 2016 in Divorce

In the ideal divorce, both partners communicate with each other respectfully to work through the processes of dividing their property, determining their parenting time and child support arrangements, and determining their spousal maintenance agreement. In reality, most divorces are far from ideal.

Emotions like frustration and resentment tend to run high during the divorce process, and these emotions often lead to combative behavior like false accusations. In many cases, accusations are made in an effort to color the court's perception of one's former partner so he or she receives a smaller share of parenting time or property from the divorce, or even receives no parenting time at all.

Examples of False Accusations

Accusations that an individual might face during the divorce process include:

• Substance abuse; 
• Domestic violence;    
• Attempts to hide assets or manipulate marital funds;    
• Little to no involvement in the couple's child's life; and        
• Infidelity.

These accusations might also be aimed at a new partner, such as an allegation that your new partner has a history of domestic violence or substance abuse and thus should not be allowed to be around your child. Although infidelity does not affect parenting time or spousal maintenance agreements in Illinois, it can affect how a couple's property is divided if the court finds that the cheating partner used the couple's marital funds to make purchases for his or her paramour.

What to Do if You Are Falsely Accused

If your former partner accuses you of one or more of the behaviors listed above, you need to prove him or her wrong by providing the court with evidence to the contrary. The evidence you provide depends on the accusation itself.

An accusation that you are not involved in your child's life may be effectively countered with a testimony from your child's teacher discussing your involvement with the child's academic life. If your child has spoken with a child psychologist, the psychologist can also attest to your role in your child's life. An accusation of substance abuse can be proven wrong with a clean drug test. If you are accused of attempting to hide assets, provide a statement from your accountant showing the purchases and financial gains you have made in the past year. If the accusation is made against your new partner, he or she may be required to provide evidence disproving the accusation.

Work with a Kane County Divorce Lawyer

Divorces can get nasty. If you are going through the divorce process, it is in your best interest to treat your former spouse with respect at all times, even when you feel like it is impossible to do so. Your dedicated Kane County divorce lawyer can give you advice about how to handle your interpersonal communication with your former partner throughout the divorce process. To learn more and begin working on your case with a member of the Goostree Law Group, contact our firm to set up your initial legal consultation with us.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000