Divorce is often contentious — and unfortunately, it’s not uncommon for one spouse to make false accusations against the other during the legal process of terminating a marriage. Not only can false allegations in divorce affect your reputation and emotional health, but they can also negatively impact the outcome of your case. If your spouse is fabricating information during divorce proceedings, it’s vital to protect yourself legally and emotionally. The skilled divorce attorneys of Melissa Graham-Hurd & Associates, LLC, can help you gather the evidence necessary to refute the claims against you and then take action against false allegations in a divorce or post decree proceeding.
What Types of False Allegations Are Made in Divorce?
It’s crucial for both spouses to tell the truth in a divorce or post-decree proceeding so that a fair outcome can be reached. However, this does not always happen. A spouse might make false allegations in divorce or post-decree motion against the other in an attempt to get the upper hand in a battle over the allocation of parental rights and responsibilities — or to receive a more favorable property settlement. They may also be motivated by revenge, fear, or simply a desire to have control.
Some of the most common false allegations in divorce or a post-decree motion include accusations of:
- Domestic violence — A spouse might claim the other committed acts of physical, verbal, or emotional abuse to gain a strategic advantage in a dispute over the allocation of parental rights and responsibilities or influence the court’s decision regarding spousal support (alimony).
- Child abuse — Child abuse is a serious allegation that can significantly impact the allocation of parental rights and responsibilities. A spouse may make false accusations of child abuse in a divorce to influence the court’s decision, or as a means of retaliation.
- Mental/emotional instability — Your spouse might make false claims about the state of your mental health to raise concerns about your ability to properly care for your children.
- Drug or alcohol addiction — False allegations in divorce or post decree proceeding about substance abuse can also raise questions about parental fitness. If a judge believes a parent’s drug or alcohol addiction poses a risk to the child, the judge may restrict parenting time or order supervised visitation.
- Concealing assets — If it has been determined a spouse is concealing assets during a divorce, the other spouse may be entitled to a larger property division award. While concealing assets is a serious matter that can impact the results of a divorce matter, false allegations of this type of misconduct can be refuted with strong evidence and the assistance of a forensic accountant.
- Infidelity — While infidelity alone does not typically influence the outcome of a divorce case, a spouse’s adultery can impact property division or spousal support if marital assets were used to carry out an extramarital affair.
If you are facing false allegations in divorce and fail to take the necessary legal steps to defend against them, the consequences can be serious. Depending on the specific accusation, false allegations can lead to unfair decisions concerning the allocation of parental rights and responsibilities, property division, and/or spousal support (alimony).
What are the Penalties for Making False Allegations in Divorce?
A spouse who makes false allegations in divorce can face a wide range of penalties. Critically, making a false statement under oath — or knowingly swearing the truth of a false statement — is considered perjury under Ohio law. This is a serious offense that is classified as a felony in the third degree. While jail time is not typically imposed for lying during the divorce process, except in serious instances, perjury can result in nine to 36 months of imprisonment, and a fine of up to $10,000.
A spouse who makes false accusations against the other may also be held in contempt of court, which can potentially result in jail time and monetary fines. In addition, if the court discovers that a spouse lied, the court may award the aggrieved other spouse their requested relief. For example, while a spouse might think making false allegations in a dispute over the allocation of parental rights and responsibilities will work to their advantage, it can actually work against them.
Additionally, hiding, undervaluing, or misusing marital assets can impact what is considered an “equitable” distribution. An “equitable division of property and debt” is required in divorce, which means “fair”, and usually has the same meaning as “equal”. However, equal division is unfair because of bad conduct, or financial irresponsibility. False claims of financial misconduct could lead to financial penalties and be used to justify a larger property award to the spouse who was wrongfully accused. The spouse who was wrongfully accused may also be awarded attorney fees incurred due to having to defend against the fabricated claims.
Contact an Experienced Ohio Divorce Attorney
If you are facing false allegations in divorce, it’s vital to have a knowledgeable divorce attorney by your side who can create an effective strategy in your case. Located in Green, Ohio – halfway between the Akron and Canton courthouses – Melissa Graham-Hurd & Associates, LLC provides skillful representation to clients for divorce, dissolution, and a wide range of family law matters. Contact Melissa Graham-Hurd and Associates to schedule a consultation to learn how we can help.
