Dealing With False Allegations During a Georgia Divorce

According to Psychology Today, divorce is “95% emotional and only 5% legal.” During this period of emotional instability, spouses may act in irrational ways. False allegations are relatively common, and you may be wondering how to react to accusations of misconduct that you never committed. The first step is to discuss your situation with an experienced family law attorney in Atlanta.

False Allegations Can Backfire 

First, you should know that if your ex is making blatantly false allegations against you, this strategy can backfire in various ways. If it becomes clear that they are lying to the court, they may face various consequences. These include financial penalties, and your ex might have to pay your legal fees if their lies are exposed.

They may also struggle to pursue child custody, especially if their false allegations involve domestic violence, child neglect, and similar issues. Georgia courts may see this as a form of “parental alienation,” and they may punish your ex for making such accusations. Those who try to sabotage the relationship between their children and the other parent may lose custody rights.

But perhaps the most notable consequence of false allegations is the total loss of trust they will experience with the family court. After these lies become clear, a family judge will not trust anything else they say. In contrast, you will appear as a more reliable source of information about the marriage.

How Do I Expose False Allegations During a Divorce? 

First, you should know that you are under no obligation to defend yourself against false allegations. This is because the burden of proof lies with the accuser. In other words, your ex must prove that you actually committed the misconduct. If they cannot do this, then the court will presume your innocence.

Your ex must show a “preponderance of evidence,” as this is the burden of proof in divorce cases. In other words, they must establish that you “more likely than not” committed the misconduct in question. If they cannot show a likelihood of more than 50%, the court must conclude that you are innocent.

Although you are under no obligation to prove your own innocence, you can challenge your ex’s allegations in various ways. For example, you might point to an alibi that puts you in a different location when domestic violence allegedly occurred. You might also get help from character witnesses. If your ex has accused you of financial misconduct, various financial documents could help you clear your name.

Can an Atlanta Family Law Attorney Help Me With False Allegations? 

An Atlanta family law attorney may be able to help you approach false allegations with confidence. Although these accusations can be worrying, you should not have to worry if your spouse has no evidence to back up their claims. In the United States, the burden of proof always lies with the accuser. To learn more about the most appropriate path forward, contact Buckhead Family Law today.

Sources: 

law.cornell.edu/wex/preponderance_of_the_evidence

psychologytoday.com/ca/basics/parental-alienation