Will a Court Order Parallel Parenting in a Custody Case?
Your litigated divorce proceedings may already be taking an emotional toll on you. That is, you may be tired of fighting with your former spouse and anticipate the day when everything is settled. However, this experience may be more difficult to put behind you if your former spouse throws out false allegations to jeopardize your perceived character. Continue reading to learn how to approach false allegations made against you and how an experienced Bergen County divorce attorney at McNerney & McAuliffe can help you fight back.
What false allegations might my former spouse make against me?
You may wonder why your former spouse has betrayed your trust in what would have otherwise been an amicable divorce process. Well, they may have gone out of their way to make false allegations against you in front of the New Jersey family court in a desperate attempt to have divorce-related terms land in their favor. Often driven by a need for power, control, anger, or revenge, your spouse may manipulate the situation to gain a legal advantage. More specific examples of what your former spouse may falsely accuse you of are as follows:
- Your former spouse may falsely accuse you of adultery so that they may earn a more desirable alimony order.
- Your former spouse may falsely accuse you of being an unfit parent so that they may earn a more desirable child custody order.
- Your former spouse may falsely accuse you of domestic abuse or violence so that they may earn a more desirable child support order. It’s critical to understand that, in New Jersey, the family courts often err on the side of caution when it comes to the best interests of the child. As such, allegations of abuse can trigger serious and immediate interventions, including mandatory investigations, potential appointment of a guardian ad litem, mental health evaluations, and mandatory family counseling.
- Your former spouse may falsely accuse you of hiding or significantly undervaluing assets so that they may earn a more desirable property division order.
What methods should I adopt to handle false allegations during my divorce proceedings?
Understandably so, you may be livid upon hearing the false allegations your former spouse is making against you during your divorce proceedings. But you must do your very best to remain calm. And you definitely must not respond by making false accusations back, as you may be punished for committing perjury. Instead, use the following methods to handle it:
- Avoid any interactions or communication with your former spouse unless your attorney is present.
- Ask your attorney to impeach any of your former spouse’s witnesses who are biased or who are offering false testimony.
- Disclose all necessary information to your attorney so that they may be prepared to effectively fight back against any false accusations that arise during your divorce proceedings.
- Collect and present evidence that points to your former spouse’s history of dishonest and negative behavior (i.e., text/email exchanges, social media posts, witness testimonies, etc).
- Collect and present evidence that points to the inconsistencies in your former spouse’s accusations (i.e., photos/videos/audio recordings, financial documents, witness testimonies, etc).
What are the consequences if my spouse makes false allegations?
If investigations conclude that your soon-to-be former spouse’s allegations were falsified, they will face serious legal repercussions for exhausting court resources. Intentionally lying to the courts may result in criminal charges (perjury), considerable fines, and even potential time spent in jail. As such, this can further hurt your spouse’s chances of receiving custody, as the court may reduce their parenting time as a means of compensating you for the time you’ve lost during the course of the investigations. Finally, they may be ordered to pay for your attorney and legal fees for unnecessarily prolonging the case.
This is all to say that, before you move any further with your divorce proceedings, you must consult a skilled Bergen County family law attorney. So please reach out to McNerney & McAuliffe today.
