Board Certified Family Law Specialist Matt Arnold answers the question: “How should I prepare if I intend to file for divorce in the near future?”
Stressful situations can make people do unthinkable things, things that you would never expect an individual could be capable of based off of your experiences with them. During a contentious divorce, you might see a side of your former spouse come out that you never expected. There have been instances in which one spouse makes up stories about the other in an attempt to sway opinion. Lies are told in an attempt to receive more of the marital assets, receive the child custody agreement they want, or even to increase the amount of alimony received. You might think that false allegations will not affect you, but there are real consequences that come with certain allegations. If you are facing the challenge of a false allegation during divorce proceedings, here is what you need to know.
Child custody disputes can be difficult, especially when both parents are fighting for custody. The dispute can turn negative quickly. There are many allegations that can be made to try to impact the judge’s impression of a parent’s ability to have custody of a child:
- Domestic Abuse: Claims about one spouse being violent or abusive toward the other spouse can have drastic consequences in a divorce. If the accusing spouse is able to receive a protective order against the other spouse, the judge’s decisions could be impacted. Domestic violence is a serious issue across America and allegations need to be taken seriously. When an allegation is unsupported by evidence, however, it becomes problematic. It can be extremely difficult to prove that an allegation of domestic violence is false in court, but an experienced attorney can help you try to overcome the allegation and clear your name.
- Substance Abuse: One spouse might claim that the other spouse has substance abuse issues, either alcohol or drugs, to make one spouse seem like a bad parent. An unfit parent is not likely to receive custody of a child.
- Child Abuse: Claims that one parent has abused a child, either physically, emotionally, or sexually are taken very seriously.
Asset Division and Alimony
Allegations can also be made to increase a spouse’s share of the marital assets and a larger alimony payment. North Carolina is an equitable distribution state. This means that marital property is divided equitably between the couple. It is important to note that equitable does not always mean equal. An allegation of a gambling problem or criminal activity could impact what a judge deems equitable. Additionally, these types of allegations could also cause a judge to award a larger alimony payment to the spouse who does not have any history of gambling addiction or criminal activity.
The family law attorneys at Arnold & Smith, PLLC are here to help you through a divorce. Mudslinging tactics and false allegations need to be tackled head-on, and our attorneys are prepared to do that. A divorce should not be filled with lies and deceit against your former spouse. We are dedicated to disproving any false allegations made against you. Contact us today for a consultation. If you find yourself facing a complicated family law matter and need the help of experienced family-law attorneys in or around Charlotte, Lake Norman, or our new office in Monroe, please contact Arnold & Smith, PLLC today at (704) 370-2828 or find additional resources here.
The family law practice group at Arnold & Smith, PLLC includes two Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
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