5 Things to Remember if You are Falsely Accused During Divorce
Florida is a no-fault divorce state, but that does not necessarily mean you will not face certain accusations. Your spouse may accuse you of domestic violence or of having a substance abuse problem in order to secure more favorable terms during the divorce. Divorce is difficult enough, but false accusations only make the entire process much more emotional and challenging. If your spouse has made false accusations against you, it is important to remember there is a good chance that their attempt to tarnish your character may not work.
Your Spouse Must Prove Their Accusations
Fortunately, the court will not believe your spouse simply because they make a statement. To hold an accusation against you, the court will require proof. Your spouse has the burden of proof to show that the alleged incident occurred and if they cannot prove it, their allegations will not mean much. Even if you are arrested over the accusations, law enforcement cannot keep you in custody unless there is evidence of a crime.
Comply with Court Orders
When a spouse is making false accusations against you, it is natural to become angry and frustrated. You may even want to retaliate by not allowing them to see your children during their allocated time, or by withholding child support. It is essential that you do not take these steps. If a court has issued any orders regarding these matters, you must comply with them. Court orders should always be very taken seriously and if you violate them, you will face serious penalties, including possibly being found in contempt of court.
You Can Defend Yourself
After your spouse makes false accusations of you, law enforcement or a judge will give you the chance to defend yourself. This is a critical stage of your case, and you should work with a family lawyer that will know the evidence to collect and how to present it to the court. At this point, you can also tell the court that the accusations are false, which may result in certain penalties for your spouse.
Collect Your Own Evidence
As soon as you know you are getting a divorce, it is important to keep meticulous notes, particularly regarding any interaction with your spouse. Also keep texts, emails, and anything else that may show reason for the false accusations. Social media posts can also act as evidence, so make sure to take screenshots of anything disparaging your spouse says. Witness testimony is also useful when friends and family members can testify to your spouse’s character and why they may want to falsely accuse you.
A Florida Family Lawyer Can Help
It is always important to work with a Port St. Lucie divorce lawyer when getting a divorce, but even more so when your spouse makes false accusations against you. At Eighmie Law Firm, P.A., we know how devastating false allegations are to a divorce case, and how to prove they are untrue to give you the best chance of a favorable outcome. If you are getting a divorce, call us today at (772) 905-8692 or contact us online to schedule a consultation with one of our skilled attorneys.