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Going through a divorce is hard. When you must defend yourself from false divorce allegations a divorce becomes more difficult. A marriage involves many circumstances that can lead to people misbehaving. One of the negative behavioral consequences of a divorce is that you may face false divorce allegations. These false divorce allegations make your life more complicated. Not only do you need to concern yourself with the anxieties which come with a divorce but now you have false claims being made against you.
Fortunately, there are resources for you to turn to. The attorneys at the Law Office of Bryan Fagan know how to help defend you from false divorce allegations. It is something that we do on behalf of clients daily. Today’s blog post is going to help you learn more about defending yourself from false divorce allegations. Any questions you have about this material can be directed to the attorneys with the Law Office of Bryan Fagan. We offer free-of-charge consultations six days a week with our experienced family law attorneys.
What types of allegations can be made against you in a divorce?
Allegations of all sorts may be made against you in a divorce. Infidelity is a common allegation. You may have never cheated on your spouse or been unfaithful. But that does not mean that your spouse will not choose to try and gain an advantage in the divorce. By alleging infidelity your spouse can potentially gain a disproportionate share of the community estate along with more favorable rights and duties to your children. These are two of the most significant impacts of proving an allegation.
Fault grounds for divorce
Making an allegation against you in the divorce is the first step towards proving a fault ground for divorce. A fault ground for divorce can be alleged in a divorce petition. Examples of fault grounds for divorce in Texas include adultery, abandonment, and cruel treatment.
It used to be that a spouse had to cite a fault ground for their divorce petition to be granted. However, with the institution of no-fault divorce that is no longer necessary. Keep in mind that your spouse would need to allege and then prove a fault ground. Merely alleging a fault ground for divorce serves no purpose ultimately.
Custody, visitation, and spousal support are impacted by fault grounds for divorce
Child custody is an extremely competitive area of your divorce. Having minor children means being able to attend to the best interests of your children. Depending upon the type of allegation made against you it may be that there are a range of consequences for you to consider. For instance, an allegation of abuse or neglect of your child may lead to restricted visitation time with your kids. Depending upon the evidence for this allegation There may be much more for you to consider in the divorce.
Spousal maintenance is court-ordered support to be paid by one spouse to another after a divorce. However, there are limited circumstances under which council maintenance can be ordered. Your marriage must have lasted for at least 10 years, to begin with. From there, you must also be able to show that there is an inability to pay for your minimum, reasonable needs without assistance. If a fault ground for divorce is alleged it must be proven for spousal maintenance to be paid.
Accusations are not evidence when it comes to your divorce
False divorce allegations can be Stressful to endure but do not have to be something that impacts your case significantly. Many times, people make allegations within a divorce petition simply to throw off their spouse. For example, your spouse could allege in her divorce petition that you have neglected the children in the past. This could be enough to cause you a significant amount of stress initially.
However, that stress should be alleviated by understanding Any allegation made in your divorce must be substantiated with evidence. Many times, false allegations are made in a petition for divorce to bring spouses together for negotiation. They can plant a seed in your mind that bad outcomes can occur in the courtroom if you are not able to negotiate with your spouse. However, understand that during your divorce you and your spouse will need to set aside your differences eventually to negotiate the case.
If you are truly concerned about an allegation made against you in your divorce petition, then please seek out representation. For instance, the experienced attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week. We can talk to you about a specific issue in your case and guide you toward solutions that can help you and your family moving forward. We know what it is like to face challenges in a divorce. Don’t be the victim, be the victor.
Gathering evidence which refutes false allegations
On a practical level, step one of defending yourself from false allegations is collecting evidence. Even though your spouse may be way off base in her false allegations against you that does not mean you can afford to be passive when it comes to matters related to your divorce. Rather, it is necessary for you to think critically and have a plan when it comes to addressing these problems.
For instance, begin to think about what kind of evidence you have available to you which can cast doubt on the allegations made against you. If your spouse is telling a judge that you acted cruelly towards her make sure that you have any evidence, you can muster available to counteract that allegation. This may be something as simple as a text message or e-mail. Many times, a spouse will rely upon you possibly not having the necessary evidence to counteract a false allegation. Instead, make sure that you have thought through any available evidence that may exist to counteract and dispel the false allegation.
One important note is that some of the evidence that you have may not be accessible to you soon. This is possible if you are asked to leave the marital residence. For that reason, as soon as you are served with divorce papers you should attempt to retrieve any important documentation that you can from your home. There is no guarantee that you will be able to access that information in the future. Copies of documents should be made in files from your home computer and should be emailed or saved in another location. This does not mean deleting information or destroying documents.
Sharing information with your lawyer about false divorce allegations
Above all, you need to be open and honest with your attorney. Having an attorney in your divorce is a major advantage. Many people attempt to defend themselves from false divorce allegations without sufficient help. It is unrealistic to expect that you would be able to mount a proper defense on your own. Keep in mind that your spouse may be represented already. For that reason, he or she could have a tremendous advantage on their side.
What we do know is that even if you are caught off guard by the divorce that does not mean that you must constantly be in a defensive posture. Rather, you can begin to prepare for the divorce and collect documentation that can help you refute the allegations of your spouse. This may not be a fun or pleasant experience, but it is necessary. Building your case means sharing information with your attorney and being willing to open up to him or her.
Many people struggle with the idea of talking to others about their problems. There is a certain degree of pride that many people enter a divorce with. Sharing unpleasant details about your personal life probably does not rank very highly on your list of desired activities. However, that does not mean that it isn’t important. Rather, you have a duty to yourself and to your family to mount the best defense you can. That may mean acknowledging certain shortcomings in your life. Failing to do so can result in surprises during important hearings or trials. These surprises can certainly lead to unintended and negative outcomes for you.
How an attorney can specifically help you to defend yourself from false divorce allegations
Suppose that your wife has filed for divorce. On top of filing for divorce, she has alleged that you have been abusive towards her. However, because this is the divorce petition she did not have to be more specific than that. Understanding the seriousness of these allegations you seek out experienced counsel to help you defend yourself. One of the ways that you can defend yourself is to hire an attorney who knows how to present evidence to a judge in the courtroom.
Evidence is necessary to defend yourself. Examples of the kind of evidence that you may need include text messages, emails, social media posts in statements from witnesses. All of this can be helpful when it comes to showing a judge why any claim of abuse is baseless. It is not enough to merely refute an allegation. He must have evidence ready to show a judge why the allegation is without merit. Attorneys are skilled at being able to present evidence skillfully in the courtroom. The last thing you want to do is find yourself having to defend yourself without assistance.
In the above situation, you may find that your ability to spend time with your children is impacted by false allegations of abuse. There is no telling the type of false evidence that your spouse may come up with. As a result, you need to be ready to have your evidence to refute what is being said by your spells. Talked to an attorney with the Law Office of Bryan Fagan today about this issue.
Being patient when defending yourself against false divorce allegations
Without a doubt, defending yourself from false allegations can be an incredibly frustrating time. It may be incredibly insulting for you to face these kinds of allegations. Your marriage may not have been ideal. However, the idea that you would abuse or otherwise harm your spouse is enough to frustrate you beyond belief. Being in a situation like this is not ideal. You would have every right to be frustrated and upset at the actions of your spouse. With that said, it doesn’t mean that you can afford to do anything drastic or say something that you might regret.
The attorneys at the Law Office of Bryan Fagan frequently counsel our clients to imagine themselves constantly surveilled by the court. This is not meant to assume anything inappropriate that the court is doing. However, what it does mean is that you and your spouse are both responsible for your actions moving forward. Do not take a bad situation and make it worse. It is already frustrating and sad to be accused of bad acts by your spouse. These accusations can be enough to tip the scales of justice against you and the divorce. With that said, you have the means available to you to defend yourself.
Do not go on social media to voice your frustration with the court or your spouse. When you feel the need to share information or say something negative about your spouse do so in private. Write an angry letter to your spouse and throw it in the fireplace or into the paper shredder before you send it. Go to the gym and work on your boxing moves in front of the heavy bag. Above all else, act responsibly.
Meeting with an experienced attorney
Did you know that the attorneys with the Law Office of Bryan Fagan offer free-of-charge communications? These consultations are a central component to your being able to effectively defend yourself from false divorce allegations. Our attorneys take a personalized approach to each client’s case. This means that you can rely upon our attorneys to guide you through the most difficult times. That means taking it upon yourself to plan a time to speak with one of our attorneys. An attorney can help but only if you seek our advice.
One of the attorneys at the Law Office of Bryan Fagan can act as your advocate inside and outside the courtroom. The idea of defending yourself in court is something that intimidates many people. Simply put, the courtroom is not a comfortable or familiar environment for most people. As a result, seeking out the advice of an attorney makes a great deal of sense. Not only can you receive helpful advice about your case, but you can also feel more confident that your interests are being attended to.
Don’t wait until the last minute to consult with an attorney. The earlier that you get in contact with the lawyer the more thorough your preparation can be in a divorce case. Imagine that every second you don’t spend preparing for your divorce is time spent with your spouse getting ready. Minimize those opportunities by having an attorney who can help guide you and prepare you for what comes next.
Final thoughts on defending yourself from false divorce allegations
Being in a position where you need to defend yourself from false divorce allegations is not ideal. Certainly, you would rather be working to negotiate a final settlement for your case rather than having to defend yourself against false divorce allegations. However, you cannot choose every battle you have to wage in a divorce. Sometimes you pick the battles and other times they choose you. This is one of those circumstances where you must meet the challenge head-on. Failing to do so can have adverse effects on you now and in the future.
Defending yourself from false divorce allegations means having a coherent plan. Attempting to defend yourself from these allegations without help can prove to be an immense challenge. While it is possible to go through a divorce without an attorney it is not recommended. Instead, consider your options and then reach out to a representative who has experience and a track record of success.
The attorneys with the Law Office of Bryan Fagan thank you for joining us here today on our blog. We know that you have options to spend your time. As a result, choosing to spend part of your day today is an indication of where your concerns lie. Are you worried about defending yourself from false divorce allegations? If you are then it is time to develop a plan that can be geared towards successfully eliminating this issue from your divorce case.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
