How to Deal with False Allegations in a Divorce

Written by Jonathan Breeden

December 14, 2019

Divorce can sometimes bring out the worst in people. While some divorces can be resolved amicably, others drag on with lies, cruelty, and dishonest behavior. If your divorce turns ugly, you need legal help to prove the truth, protect your rights, and move the case forward to a conclusion that benefits you.

With offices in Raleigh, Garner, Angier, and Smithfield, Breeden Law Office provides aggressive and ethical representation throughout Johnston and Harnett Counties, NC. If your North Carolina divorce is difficult, we are on your side and will work to make sure the truth comes out.

Call us today at (919) 205-5254 or contact us online to set up an appointment.

Why Make a False Allegation in a Divorce?

A false allegation is a claim by your spouse to the court that is untrue. During a divorce, some people try to boost their case or hurt their spouse by claiming things that are not true. Examples of false allegations that could arise in a divorce include:

  • Drug or alcohol abuse or addiction
  • Child abuse or neglect
  • Domestic violence
  • Misuse, theft, or wasting of marital assets
  • Animal cruelty
  • Inappropriate parenting
  • Commission of a crime

How a False Allegation Can Harm You

Although North Carolina has no-fault divorce, a false allegation can impact various aspects of your divorce. When considering alimony, North Carolina courts must consider marital misconduct. Any allegation about cheating, domestic violence, or cruel treatment of a spouse could impact how much alimony is awarded.

Additionally, false allegations of child abuse or neglect, drug or alcohol abuse, domestic violence, animal cruelty, questionable parenting, or committing crimes could have disastrous effects if you are seeking custody or visitation with your child as part of the divorce. Custody and visitation are based on what is in the best interest of the child and if the court has concerns about your ability or fitness as a parent, you could lose custody or have a limited or supervised visitation plan.

False allegations that you misused, wasted, or stole marital assets could also have a detrimental effect on your property distribution, resulting in you getting less than you are entitled to in the case.

How to Fight a False Allegation

If your spouse tries to make a false allegation, they must be able to back it up with evidence or testimony to prove it actually happened. If the allegation is untrue, it’s unlikely they will be able to convince the court that it occurred.

If you are being falsely accused, you might worry that’s it hard to prove something is a lie. Your family law attorney will work with you to gather evidence and witnesses that show your spouse is lying. Careful investigation and gathering of records and statements may be necessary but will show you are telling the truth.

If the allegations made against you could be damaging to your reputation or career, your attorney can also ask that the court seal the divorce, so that it is no longer public. This prevents false allegations from having negative consequences on the rest of your life.

Consequences of Making False Allegations

If your spouse testifies in court under oath during your divorce and lies, that is perjury. Perjury is a felony in North Carolina and is punishable with jail time and fines.

Work with an Experienced Divorce Lawyer

It can be hard to fight a lying spouse in your divorce on your own. You need a knowledgeable North Carolina lawyer who stands up for you, protects your rights, and ensures that the truth comes out. The Breeden Law Office is ready to take your case. Call us today at (919) 205-5254 to set up a time to talk.


Divorce In North Carolina: What You Need To Know

A book by Jonathan Breeden