Divorces can get nasty. It’s unfortunate, but sometimes ex-partners make all kinds of false allegations against the other spouse.
False claims of abuse, infidelity, substance abuse, out-of-control spending, and other charges in a contested divorce may arise from anger, jealousy, revenge, or mental health issues. If you are facing false allegations, the question is, “How do you defend yourself against false accusations in a divorce or fight false allegations in child custody proceedings?”
When dealing with false allegations in divorce proceedings, you need a strong family law attorney to advocate for you. Alabama family law attorney Leigh Daniel has the knowledge, courtroom experience, and toughness you need to fight false allegations about your conduct as a husband, wife, father, or mother.
Leigh is trained and certified as a narcissistic abuse specialist. There’s more to divorcing a narcissist than dealing with phony accusations. But Leigh will understand what you are going through. She’ll do the digging necessary to disprove false allegations presented in your divorce. If it’s just a matter of your spouse spreading lies, Leigh is fully capable of shredding the opposing party on cross-examination.
For more than 20 years, Huntsville family law attorney Leigh Daniel has focused on helping residents of Huntsville and Northern Alabama resolve their issues in contested divorces. The skilled legal team of Leigh Daniel Family Law prides itself on providing personalized attention, superior customer service, and effective legal representation.
Contact us today to schedule a case consultation. Phone (256) 551-0500.
Key Steps to Navigating False Allegations in a Divorce
No matter when your ex-partner starts making false statements during the divorce proceedings, Leigh Daniel Family Law will act promptly to combat false allegations.
Your focus should be to remain calm and refuse to fight fire with fire. If you have young children, you should do whatever you can to shield them from the animosity between you and your spouse. Your de-escalation is the best way to demonstrate the lack of credibility of your spouse’s false allegations.
Some nonsense from an angry spouse during the divorce process is best ignored. But we will respond to potentially damaging lies about you, including with court filings as appropriate. We will:
- Confer with you to identify points of contention between you and your spouse and any false allegations your spouse has previously made or is likely to make. For this to be helpful, you must be transparent with your attorney about your marriage and the causes of your split, your personal and financial habits, and other relevant information. The better we understand your relationship, the more effective we can be in representing you, and the fewer opportunities your spouse will have to get away with falsely accusing you.
- Work with witnesses who can speak either in your support or help you expose the false accusations that your spouse has made against you.
- Work to establish evidence of a pattern of your spouse’s dishonesty through saved texts, emails, and social media posts.
- Expect you to abide by all legal decisions in your case, including the requirements of a protection restraining order your spouse may obtain, even if it’s obtained through false allegations. Alabama’s circuit courts are predisposed to accept allegations of domestic violence or abuse and to issue protection orders. Even if the allegation is false or unfair, you risk being fined and jailed for violating any court order.
In an extreme case of continuous or egregious falsehoods, we could petition the court to compel your ex-partner to undergo a psychological assessment. This is not something we would suggest lightly or consider without sufficient evidence of a mental health issue, but it can be done. In most cases, as we will tell you repeatedly, your best response to an ex-spouse’s false allegations is not to dignify them with a response and to let your attorney handle it.
Special Considerations for False Allegations During Child Custody Fights
When Alabama courts consider child custody cases, their decisions must be made with the goal of meeting the best interests of the child. If a parent makes false accusations of neglect or abuse of a child, it can have a significant impact on child custody proceedings. If not properly challenged and rebutted, false child abuse allegations can destroy previously healthy parent-child relationships.
A child custody attorney can help you gather evidence to rebut the accusations and advocate on your behalf to stop false allegations of child abuse or neglect as quickly as possible.
If your spouse alleges child abuse or neglect, individuals in certain occupations such as law enforcement, medicine, education, or daycare are legally obligated to report the allegations to Alabama’s Department of Human Resources, which must promptly investigate. When you are notified of such an investigation, you should let the people closest to you know what is going on and encourage them to speak openly and honestly about your parenting when interviewed. An investigation will be disruptive and stressful, but in cases of false accusations, an investigation should establish that there has been no abuse.
Unfortunately, a judge may suspend the accused parent’s right to visitation and/or custody pending the outcome of the investigation. When that investigation fails to uncover evidence of abuse, an accused parent’s rights will be reinstated.
If your spouse questions your fitness as a parent in a manner that does not lead to an investigation, we will still marshal witnesses, photos, social media posts, and other evidence that demonstrates the quality of your relationship with your child, as well as your time with and availability to them. If your child is of sufficient age, the judge may speak to the child in private about their needs and desires — and any specific allegations about how they have been treated.
A parent who has included their child (or children) in falsehoods aimed at hurting their estranged spouse will likely find that this comes back to hurt them. Either their allegations are proven untrue, or they must explain why they did nothing about the alleged mistreatment prior to bringing it up in court.
Other Potential Allegations and Defense Tactics
We will work to rebut any false allegations made against you, but under the American system, it is up to the individual who brings the charges to prove them. Typical issues in divorces (beyond child abuse and neglect charges) and potential responses are:
- Domestic violence. If your spouse falsely accused you of domestic violence, we would challenge the lack of previous reports to law enforcement or comments to friends or family, and the lack of records showing that your spouse sought medical care.
- Infidelity. We would ask for names, and seek affidavits from those named denying improper relationships.
- Promiscuity. If you have children in the home, sleepovers with a new romantic interest are not advisable before your divorce is final.
- Substance abuse. We can refer you to professionals for drug testing and/or assessment for alcoholism and file a report with the court.
- Financial Overspending. Your financial inventory filed with the court should show whether you are living beyond your means.
If the court recognizes that your spouse has made false allegations intended to hurt you in the eyes of the court, it will harm them. The judge may cite your spouse for contempt of court. A spouse’s lies will also weigh against them when the family court decides the terms of the divorce, such as alimony, child support, and visitation.
Talk to Our Experienced Alabama Divorce Lawyers
Let Leigh Daniel Family Law of Huntsville, Alabama, help if you are wondering how to defend yourself against false accusations by your spouse in a divorce or custody case. Leigh Daniel is an experienced divorce attorney who understands the impact of a spouse’s lies and false accusations of abuse. Leigh Daniel Family Law can offer you the emotional support and legal representation you need during this difficult time.
If you are facing an estranged spouse’s unfounded allegations of abuse, infidelity, or other bad behavior, you need a skilled Huntsville contested divorce lawyer who can quickly review your case and develop a strategy to defend you and your good name. At Leigh Daniel Family Law, our experienced legal team will go above and beyond to protect you in even the most complicated contested divorce proceedings.
To learn more about how we can help you during this difficult time, contact us today using our form or by calling us.
