When a marriage breaks down, the decision to divorce might be the easiest part. What comes next can be filled with intense emotions – especially when one person accuses the other of abuse to gain control of the kids or a larger piece of the financial pie.
A divorce lawyer guides you through divorce agreement aspects, such as division of assets and custody of the children. Anger and pain are common feelings that bubble up during the settlement process. Unfortunately, some spouses lash out in particularly damaging ways. They falsely accuse their spouse of abuse, physical, sexual, or emotional. Sometimes they claim this abuse is directed at the children. Not all divorce lawyers have the experience to handle these explosive situations.
At Bernazzani Law, our diverse legal team brings both divorce and criminal defense experience to protect your parental and financial rights.
Common False Allegations in a Divorce
False allegations can stem from anger and a need to get the upper hand in divorce proceedings. Allegations include accusations of:
- Drug use
- Domestic violence
- Sexual assault
- Child abuse
- Emotional/mental abuse
Accusations of criminal conduct can do more than affect your divorce settlement. Your reputation at work and in your community is at stake, as well as your freedom. Do not trust your divorce to an attorney who does not also understand the complexities of criminal law.
Our skilled attorneys in both divorce and criminal law can protect your rights and defense against false accusations.
Reasons for False Accusations
When someone feels hurt, they sometimes want to hurt in return. They want to retaliate and cannot see the long-term ramifications. They want to hurt your relationship with your children, with your parents, with your co-workers. They want to damage your standing in the community. They want to drain you financially. Maybe, most of all, they want to have the sympathy of those around them.
Our attorneys can cut through the emotions surrounding your case and provide a clear-eyed defense against harmful claims made by your ex-spouse.
When Partners Make False Claims
Untrue accusations can erupt at any point during a divorce. Some spouses make accusations from the onset of the decision to divorce. Others may create these claims in the middle of the divorce process if they believe the proceedings are not going their way. Yet others can bring these falsehoods to light after finalization of the divorce in hopes of having adjustments made to financial or child custody agreements.
When your ex-spouse makes false accusations, do not panic; call Bernazzani Law.
When you are on the receiving end of false claims, you should:
- Ensure your divorce attorney has criminal defense experience.
- Not confront your spouse until you speak with your attorney.
- Comply with any protective orders.
- Keep a detailed record of your actions.
- List potential witnesses who can refute your spouse’s false accusations.
- Talk to your attorney about gathering evidence to help refute the claims.
Abuse accusations of any kind add layers of complexity to your case. The attorneys at Bernazzani Law have the experience and knowledge to guide you through each step. With us, you have a full partner in your representation, including any criminal defense you may end up needing.
Seek Experienced Legal Counsel Right Away
Waiting to see if the situation improves is not the best strategy to protect your interests. If your former partner is making allegations, or you think they could, your best strategy is to acquire the services of a lawyer who has been in the trenches of both divorce and criminal law.
Even false allegations can force you out of the marital home, leaving the other with the property and custody of the children. We can work to protect your rights related to children, the home, and assets while defending you against the abuse claims.
Contact Bernazzani Law online or by calling (603) 261-2214 for a free initial consultation.