What to Do If Your Spouse Makes False Allegations Against You During Your Divorce

 Posted on July 14, 2021 in Divorce

Going through a divorce is never easy. If your spouse makes allegations of abuse against you, it can make the process even more stressful. You may understandably be upset that your spouse is making up horrible lies about you and worry that the allegations will negatively affect the outcome of divorce or child custody proceedings. If you have found yourself in this situation, it is important to maintain your composure and take the necessary steps to rectify the situation.

How False Allegations Can Affect Your Divorce

Family law judges take accusations of domestic violence or abuse very seriously. A judge may order an emergency order of protection that requires you to leave your home or prohibits you from contacting your spouse and children.

Because change is hard on children, Illinois courts typically try to maintain the “status quo” in child-related legal matters. Consequently, an order of protection may give your spouse an advantage in your custody case. Since your kids will be with your spouse during the protection period, your spouse may argue that granting joint custody could disrupt their routines. 

Steps to Take When Facing False Allegations

If your spouse has accused you of something you did not do, it is important to take immediate action to clear your name. Start by keeping records of your spouse’s accusations and your own actions. For instance, if your spouse claims that you hit your child on a specific date, you may be able to obtain evidence, such as a hotel receipt, that you were not in town that day.

As tempting as it may be, it is not a good idea to confront your spouse about the allegations. Your spouse may try to use the confrontation to make further claims against you. For instance, your spouse could badger you into getting into an argument and claim that it proves you are angry or unstable.

It is also important to follow the order of protection the court has issued. Although it may seem unfair, disobeying the court order may lead to criminal charges and complicate your case even further. It is in your best interest to discuss your situation with a skilled lawyer as soon as possible.

Contact a DuPage County Divorce Attorney

If your spouse has made false accusations against you, consult a Naperville, IL divorce lawyer at the Law Office of Ronald L. Hendrix, P.C. We understand that you are in a difficult situation right now and want to assist you. Call us at 630-355-7776 to schedule a free consultation.

Source: 

https://www.verywellmind.com/false-domestic-abuse-claims-4100660