Understanding and Fighting False Allegations in Divorce

people often don’t talk about this but this happens a lot in family law many times as men we will be forced to defend against false allegations what does that mean what that means is that parties can put whatever they want to in pleadings however they have to prove them but many times when you put things in pleadings people believe that what’s put in pleadings it’s true however we know that doesn’t have to be true false allegations occur when people put things in pleadings that are not true and they may not be proven at trial but because they’re put in pleadings that are court documents and officially before the court people can take those documents out of context don’t let the fact that false allegations have been alleged against you interrupt your relationship with your child you have the right to go before court of law and have a determination as to whether or not the allegations are true or not and what happens is that when you’re in a hearing the side that alleges cruel treatment drug use alcoholism infidelity they have to prove it if they don’t say anything about it they haven’t proven it that’s a false allegation and you can take other actions against parties if they have false allegations and pleadings one of the things we do is we work hard with our clients disprove false allegations and you ask how do you do that it can be done several ways one is you can have a temporary Hearing in that temporary hearing you get to ask the other side when did this happen give me the specifics was there anybody else there to corroborate the story or you can ask for them to be deposed what is a deposition a deposition is when we have a court reporter come to our office and they have to come to our office or we decide upon a third- party neutral location we have the court reporter there and we ask them questions under oath the answers to those questions under oath must be truthful if they’re proven not to be truthful then they can face penalties for perjuring themselves those penalties can be contemp of Court citations or they can be jail time for perjuring yourself or violating a Court’s order or lying to the court when false allegations are filed particularly against men it’s important that you know that you got to stay in the fight because when false allegations are put in pleadings what the other side is hoping is that sooner or later the guy just says you know what I’m just done with this and that allows the side to put those false allegations in to have what they want happen in the complaint it’s our hope that you don’t do this if you find yourself in a situation where false allegations have been pled against you you need to reach out to folks who understand and who will help you through this situation if they don’t Alle any of these things at the final hearing then you could move for sanctions and attorney fees at the close of the case because they’ve alleged things that they never attempted to prove and that could allow you to get attorney fees for having to defend against these frivolous actions