Divorce cases can become complicated when serious claims are made without proof. These accusations can deeply affect decisions about custody, visitation, and property. Approaching your case with clarity and preparation is possible when you understand how courts handle these situations.
In the video, Atty. Tina Campbell and Atty. Heather Ogier of Turner-Monahan PLLC share how courts handle false abuse claims in divorce cases and why evidence is crucial to protect credibility. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
False Accusations in Divorce Cases
During a divorce, emotions often run high, and it is not uncommon for one spouse to accuse the other of serious issues such as abuse or mental health problems. These accusations are often made in an attempt to gain an advantage in custody or property decisions. However, the court takes these matters very seriously and requires proper evidence before acting on them.
At Turner-Monahan, we see many cases where one spouse makes claims without proof, hoping to hurt the other party or influence the outcome of the divorce. The court does not accept these claims without solid evidence.
Common Terms the Court Does Not Accept Without Proof
One common example is when a spouse calls the other a narcissist. This is something judges hear often in divorce cases. Many people casually use terms like narcissist, bipolar, or gaslighting in everyday conversations, but these are medical terms with specific definitions.
Unless there is an official diagnosis made by a licensed mental health professional, the court will not consider these claims. In fact, some judges may even fine someone for using these words without proof because it shows they are trying to deflect blame or manipulate the case.
For example, it is common for a male spouse to accuse the female spouse of being bipolar, claiming she changes her mind often or behaves unpredictably. This alone does not prove a mental health disorder. People can change their minds or act differently under stress without being clinically bipolar. Without a professional diagnosis, these statements will not be taken seriously.
Why These Accusations Can Backfire
When someone throws around these terms without evidence, the court is likely to ignore everything else they say. Judges are human, and they look for honesty and credibility. If they feel one party is exaggerating or labeling the other unfairly, they may begin to doubt the rest of that person’s testimony.
The worst approach is to claim, “I am perfect, and my spouse is terrible.” No judge believes this because every relationship has two sides. This type of argument makes the court reluctant to trust the person making the accusation. It can harm their case instead of helping it.
The Role of Actual Medical Diagnoses
If there is a legitimate medical diagnosis showing that a spouse has a certain condition, the situation changes completely. In those cases, the court takes the evidence seriously and will consider it when making decisions about custody, visitation, or other important matters.
The key is having proper documentation from a licensed professional. Without this, accusations are simply viewed as attempts to manipulate the system, which will not help in court.
Presenting Yourself Honestly in Court
When going through a divorce, it is important to present a full and truthful picture to the court. Judges want to see evidence, facts, and reasonable behavior. Acting with integrity shows that you are focused on the well-being of everyone involved, especially the children, rather than trying to win by tearing the other person down.
We encourage clients to focus on what truly matters: building a fair case with evidence instead of accusations. This approach creates trust with the court and leads to better outcomes in the long run.
Protecting Yourself Against False Accusations
If you are the one being falsely accused, it is important to remain calm and respond with facts, not anger. Collect documents, witness statements, and any other information that supports your position. Avoid engaging in heated exchanges with the other party, as those conversations can be used against you. Working closely with a skilled attorney can help you present a strong, truthful defense and prevent false claims from harming your future.
What the Texas Family Code Says
The Texas Family Code provides clear guidance on how courts should handle false allegations in divorce and custody cases. A few key sections are especially relevant:
Section 153.002: Best Interest of the Child
This section states that the child’s best interest is the most important factor in custody decisions. Any false claim that harms a child’s well-being can result in serious consequences for the parent who made it.
Section 153.013: Considering Family Violence
When there is an allegation of abuse, the court must consider whether there is evidence of family violence. Without proof, these claims cannot be used to limit a parent’s rights.
Section 153.014: Supervised Visitation
If credible evidence shows a risk to a child’s safety, supervised visitation may be ordered. However, without reliable proof, courts will not restrict a parent’s access to their child.
Section 105.001: Temporary Orders
During a divorce, a judge may issue temporary orders about custody and property. False allegations made during this time can influence these temporary decisions, which is why honesty is essential.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
False accusations can damage families and make an already difficult divorce even harder. By focusing on truth, evidence, and the child’s best interest, you can protect your rights and your future.
Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more about your case. There is tons of information on divorce and answers to unique questions like “How is Child Support Determined in Texas.”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
