People are rarely on their best behavior during divorce, but for some spouses, the misbehavior escalates in extreme ways. This can involve trying to hide assets, making false accusations of spousal abuse, or even making false accusations of child abuse. If you are getting divorced and anticipate that your spouse will engage in hostile, high-conflict behaviors, start preparing now by working with an Illinois divorce attorney who has experience with difficult divorces.
Can My Spouse Make False Accusations of Abuse?
Technically, anyone can make accusations of abuse – but your spouse will have to back up their claims in court if they want a judge to use those claims to affect the outcome of your case. For example, if your spouse claims that you physically abuse your child, he or she will have to present evidence such as photographs, witness testimony, or a psychologist’s assessment of your child.
Unfortunately, false accusations of abuse are common in divorce as spouses seek to influence the outcome of custody proceedings. However, if you can demonstrate that your spouse is making false accusations, this will reflect very poorly on them. Judges generally want to see children spend as much time with both parents as possible, and undue efforts to take parenting time away from you could backfire and result in your spouse being seen as manipulative and disinterested in the best interests of the children.
Can My Spouse Hide Money During Divorce?
Spouses giving large, sudden gifts of cash or other valuables to friends or relatives during divorce is a common method of trying to hide assets, but people also lie about their income, pay more than they need to in taxes, or transfer money to secret bank accounts in an effort to keep more money in the asset division process.
The best way to catch a spouse engaged in financial dishonesty is to initiate a deposition hearing. During depositions, which are meetings held in court to collect information in a case, spouses are under oath. Lying under oath is a crime that has serious consequences, like being held in contempt of court. It can be prosecuted criminally. Depositions are often formal enough to convince lying spouses to tell the truth, but your attorney may also need to get forensic accountants and other investigators involved to find hidden assets.
In general, once a spouse demonstrates that they are willing to lie in divorce proceedings, judges are more cautious and will want to verify that spouse’s claims more carefully. This is why telling the truth in a case is so important – lying can very often backfire and result in an even worse outcome.
Contact a Hinsdale, IL Divorce Attorney Now
If you are getting divorced and are concerned that your spouse is not being completely truthful with you, their attorney, or the judge, call an experienced DuPage County, IL divorce lawyer who knows how to be aggressive enough to get you the divorce decree you deserve. At Botti Marinaccio, LTD., we fight for our clients’ legal rights and pursue any sign of financial dishonesty or false allegations of abuse or neglect. Call us today at 630-575-8585.
Source:
https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000