false accusation

Divorces can be incredibly emotional for all parties involved. That said, when one spouse feels betrayed by the decision to file for divorce or slighter over a choice you made regarding the terms that will apply to the termination of the marriage, they may resort to making false allegations against you as revenge. If you’re on the receiving end of a false accusation, it’s in your best interest to contact our seasoned Monmouth County Divorce & Separation Attorneys, who can help you fight back, as these allegations can negatively impact the outcome of your case. 

Why would my ex-partner make false accusations against me?

Unfortunately, in some divorces, people will do or say anything to gain leverage over the other and increase their chances of achieving a desired outcome. While these accusations can be difficult to counter if you’re on the receiving end, you must take the necessary steps to refute them and preserve your character. The following include some of the reasons your ex-partner may make false allegations against you during divorce proceedings:

  • Abuse claims: Your ex-partner may falsely accuse you of being an unfit parent to receive a more desirable child custody order. The effect of abuse claims can prevent you from spending time with your children and result in your spouse receiving both physical and legal custody.
  • Domestic violence: Your ex-partner may falsely accuse you of abuse or violence to receive a more desirable child support or alimony order. Domestic violence claims can result in a restraining order or protective order against you.
  • Hiding assets: Your ex-partner may falsely accuse you of concealing or significantly undervaluing assets to receive a more desirable property division. New Jersey is an equitable distribution state, meaning the court will split marital property fairly between both parties. If you’re accused of hiding or undervaluing assets, it can negatively impact how the courts divide your assets and damage your credibility.
  • Adultery: Your ex-partner may falsely accuse you of committing adultery to receive a more desirable property division or alimony order. The courts have broad discretion when determining an appropriate alimony obligation and equitable distribution. This means they can consider adultery when determining a fair order, which could result in the judge favoring the faithful spouse.

It’s crucial to note that when ex-partners make false allegations under oath, they can be charged with perjury. Perjury is a severe crime, and if you can show that your ex-partner knowingly made a false statement, then they would lose all credibility with the court. A judge is less likely to believe their testimony is moving forward, giving you the upper hand.

How Should I Handle False Allegations During Divorce Proceedings?

If your ex-partner has made false allegations against you, it’s essential to take the proper steps to ensure these accusations don’t negatively impact the outcome of your case. Don’t let your emotions get the best of you. It’s important to refrain from reacting with anger as it can add to the validity of their claims. Instead, you must respond by sticking to the facts and being as transparent as possible. It’s beneficial to gather evidence that helps prove these allegations are incorrect. However, the best way to handle false allegations during divorce proceedings is by enlisting the help of a qualified attorney.

If you’re receiving false allegations during a divorce, please don’t hesitate to contact the legal team at Paone Zaleski & Muprhy, who can help you protect your rights and interests.