False allegations happen every day during the divorce process. Why are they so common? Let’s take a step back. The idea of divorce has earned a lot of notoriety and infamy over the decades, in large part due to the “war of words” that is waged in the courtrooms. One of the more favored “tactics” in this war is the alleging of vile and detestable behavior and character from one spouse about the other. While sometimes these allegations are true and are important to bring to light, there is, unfortunately, a high number of false allegations that are made during the process as well. Although it may seem like a desperate move, it has still shown to be effective, to some degree due to the response of the accused in light of the information, which only casts more negative light in the eyes of the court. With children, assets and other stakes at risk, it isn’t beyond belief that someone would make up an allegation in order to secure custody or possession.
With that being said, if your spouse or former partner does make a false allegation about you, the most important thing to do is pause, breathe, and relax. Even if the implications of such an allegation are devastating, it only is exacerbated by an inappropriate reaction on your end. If it is in the courtroom right in front of you, contain yourself. If it is made in a correspondence, do not pick up your phone and call or text them in a fury, as that will only further support the inaccurate picture of you they are trying to draw.
The allegations will have to be proven, as they are not just assumed to be true. With that in mind, the goal is to show the lack of credibility of the accuser, and if they have been threatening these allegations for a while, you should speak with your attorney to prepare for such an allegation being made to the court. If you believe the allegation may be coming, your attorney may advise that you immediately file for separation and custody, as the allegations will then appear to be in retaliation of the filing (casting doubt on their credibility).
Keep in mind that while the allegation may be false, the court will consider them as serious until given a reason to think otherwise, so it is imperative that you retain legal counsel from a skilled divorce attorney before you are in the wake of the allegations.