Although unethical and destructive, false accusations of abuse during Washington divorces happen frequently, especially in parenting disputes. Whether the claims involve domestic violence, child abuse, substance abuse, hiding assets or debt, or fabricated allegations of sexual abuse, the same question typically arises: How should someone handle false accusations during a Washington divorce?
Being falsely accused of anything, let alone in a divorce where the stakes are high, can be overwhelming. Fortunately, there are ways to fight back legally. A Seattle family law attorney with experience defending against false allegations in divorce can apprise you of your rights and provide you with the legal support you need. In the meantime, here’s what you need to know about fighting false allegations of abuse in a Washington divorce.
Common Types of False Claims in Washington Divorces
During divorce and parenting battles, one or both spouses may attempt to gain an advantage by making false claims of abuse. By making these accusations, the accuser usually intends to damage the other spouse’s character or parenting ability related to parenting arrangements. Accusations are frequently also tied to attempts to gain improper leverage on financial and property issues in the case.
For example, a spouse worried about losing residential time might fabricate accusations of domestic violence or child abuse to strengthen their bid for more days each year. Similarly, someone seeking a more favorable financial settlement might falsely accuse their spouse of hiding assets or debt when they haven’t.
Alternatively, spouses sometimes make false accusations of substance abuse to call into question the other spouse’s ability to parent. The same holds for accusations of cheating. Although adultery has no substantive relevance to divorce outcomes in Washington state, a spouse falsely accused of cheating may face claims that they depleted marital assets due to expenditures on an affair, even if no evidence exists to support these allegations.
The result, in any instance, can be a long, drawn-out legal battle. Moreover, a vengeful spouse may escalate their accusations over time, making it harder to separate fact from fiction as time goes on. Before it gets too far, contact a Seattle family law attorney.
Motivations Behind False Allegations of Abuse
False accusations in divorce can have devastating legal, financial, social, and emotional consequences not simply for both spouses but also for any children of their union. Yet, some people disregard this fact and make them anyway.
Some believe any advantage is worth pursuing, whether to advance their position in parenting rulings, keep the marital home, or secure a larger share of the couple’s assets. Others may act out of anger or a desire for revenge.
Sometimes, the spouse making the false allegations believes they can manipulate the system. They hope to drain their spouse’s resources through high legal fees, create unnecessary investigations, obtain unwarranted restraining orders, and/or deceive investigators and, ultimately, the judge.
They also enjoy seeing their spouse suffer emotionally in a misguided attempt to “break” them. If one false accusation fails, a determined accuser may continue making new claims, aiming to emotionally, physically, and financially exhaust their spouse.
Other times, the accuser is actually the abuser and is making false allegations of abuse to shift blame and avoid accountability through misdirection. They may accuse their spouse first to make legitimate claims against them appear retaliatory in nature.
Why It’s Important to Challenge False Allegations in Divorce of Any Kind
Responding to false allegations in a divorce is necessary, especially when parenting is involved. Ignoring them will not make them go away.
Protecting parental and children’s rights to consistently healthy physical and emotional access to both parents becomes even more critical when parenting arrangements are involved. Courts base decisions on what benefits the children most — what’s referred to as the best interests of the child standard — and false accusations can influence those rulings if they are not challenged and disproven.
False allegations can have serious consequences in divorce and parenting cases. The accused spouse may face fines, restraining orders, and, in some cases, criminal charges. Primary residence and visitation rights may also be at risk, and property division outcomes could be affected.
Therefore, if you face false allegations in a Washington divorce, you should immediately hire an experienced Seattle legal team. It is also important to remain civil and composed throughout the process. Adding unnecessary conflict is counterproductive, weakens your case in court, and can cause the judge or involved investigators to conclude that the problem lies equally with both parties or even solely with you.
Steps to Take When Defending Against False Abuse Allegations in Divorce
Presenting the truth is the best way to defend yourself against false allegations in divorce. With this in mind, you should share with your Seattle family law attorney the unembellished truth of any events, including any actions or vulnerabilities on your part about which you may be embarrassed, as well as any evidence you have that can disprove the other spouse’s claims and clear your name as soon as possible.
While witness testimony in the form of character references is unhelpful to Washington courts and usually ignored, testimony by witnesses with firsthand knowledge of an event can help establish what actually occurred and provide alibis when needed. Other supportive evidence can include text messages, emails, social media activity, location data, photos, bank records, and anything else that can contradict the accusations. Documenting those instances can be particularly valuable–especially if the other spouse making the accusations has a history of lying.
Finally, you can strengthen your defense by following all court orders you receive. Even when an accusation is false, disobeying a judge’s ruling reinforces the argument that you are guilty of the allegations made against you and can severely prejudice the court against you going forward. Respecting the legal process and court orders will help you to build and retain credibility.
When Lies Come Back to Haunt the Accuser
If you are considering leveling false allegations against your spouse in your divorce, even in retaliation for them doing it to you, stop. False accusations commonly result in the accuser harming their own interests and goals. If a court determines that someone lied, they could face legal penalties. They may also be required to pay their spouse’s legal fees for the drain on resources they’ve caused.
Beyond legal consequences, making false allegations in divorce can damage a person’s reputation and strain relationships, including those with their children and the co-parenting relationship, which benefit everyone involved. Any initial advantage gained by lying typically does not last. The truth is usually exposed as the case progresses and evidence unfolds; the spouse falsely accused in the first place may ultimately receive more favorable rulings, defeating the accuser’s objectives.
Hire a Seattle Family Law Attorney to Help Prove Your Innocence in a Divorce Abuse Claim
Little can heighten emotions in a divorce more than being falsely accused of abuse. At Elise Buie Family Law, our Seattle team of legal professionals has extensive experience resolving high-conflict divorces, including those where false allegations are a factor. Though we aim to resolve divorces amicably, calling on alternative dispute resolution strategies whenever possible, we are prepared to advocate for you in court. Call our Seattle office today or schedule a time to speak.
