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divorce lawyer for fathersWhile domestic violence is a serious concern in marriages across the United States, it is easy to falsely accuse a father of marital abuse during divorce and have courts take it seriously. Once such an accusation has entered the picture, the man accused of the abuse often has to spend an enormous amount of time, energy, and money trying to prove that he never committed the abuse. Unfortunately, the presumption of innocence is frequently denied, and the father is the one stuck trying to demonstrate his innocence so he can get custody of his kids. If you have been falsely accused of abuse or are worried you may be, here are some steps you can take. 

Keep Your Data Private

Wives who have feelings of extreme jealousy, possessiveness, and anger management issues often snoop through their husband’s private material without justification. Change your passwords, PINs, and other information that could give your wife access to your private accounts. If your wife begins making threats, document them and share them with family members and friends so you can begin establishing a history of threatening behavior. 

Take False Allegations Seriously

Many fathers are shocked when allegations of abuse are made against them. While your marriage may not have been perfect, it can be hard to believe your wife would make such a claim, and you may be tempted to brush it off or hope it blows over. However, even false allegations are important to take seriously because they can carry serious consequences, including the loss of access to your children and even arrest and jail time. 

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prenuptial agreement divorce lawyerHaving a prenuptial agreement in place can make divorce significantly easier for many spouses. A strong prenuptial agreement can create a faster, simpler path to a finalized divorce for many couples. However, for others considering divorce, their prenuptial agreement is a source of great stress. Some people may even fear that they will be unable to support themselves after getting divorced because the prenuptial agreement is heavily in their spouse’s favor. 

The good news is that not every prenuptial agreement will be enforceable exactly as written. There are limits as to what a prenuptial agreement can or cannot do. If worries about your prenuptial agreement are keeping you from filing for divorce, it may be wise to consult a qualified attorney. A lawyer can evaluate your agreement and offer you a better idea of how it may affect your divorce proceedings. 

What Can a Prenuptial Agreement Control During Divorce?

Prenuptial agreements are very commonly used to decide in advance how your property would be divided in the event of divorce. These contracts can be used to designate certain assets as the separate property of one spouse or to decide how marital property like joint accounts or real estate would be divided. Spousal support can be waived, but this provision might not be enforced if it would leave one party in dire financial straits. 

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divorce lawyerIn a perfect world, divorce proceedings and child custody arrangements would be smooth-sailing. Unfortunately, this is not always the case. Sometimes, one party will even falsely accuse the other party of child abuse to gain some type of advantage in the divorce. 

If you are wrongfully accused of child abuse by your ex, take comfort in the fact that you are not alone. According to some studies, approximately 6% to 35% of child abuse claims are unfounded. 

Should you find yourself falsely accused of child abuse, there are a few things you should know about responding to inaccurate child abuse claims. We will share with you 5 ways to respond to a false accusation of child abuse, followed by advice on what not to do as well. 

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Dad's divorce law and tips for high conflict divorceWhen your spouse walked down the aisle at your wedding, you probably assumed that you would live happily ever after. Unfortunately, about 40 – 50 percent of marriages end. Getting divorced is never easy – especially if you have children. However, some divorce cases are more contentious than others. Consider the following tips for dealing with a high-conflict divorce as a father.

Consider Alternative Divorce Resolution Methods

In the divorce process, you and your spouse will need to decide on important issues such as child custody and asset division. In a high conflict divorce, however, reaching an agreement on these issues can seem impossible. In many cases,  alternative dispute resolution methods like mediation and collaborative divorce may be helpful. 

Organize Your Finances Now

A large portion of the decisions made during the divorce process are financial in nature. It is impossible to make informed financial decisions if you do not have a complete and accurate understanding of your financial situation. Now is the time to gather financial documents such as tax returns, credit card statements, pay stubs, and business financial records. Make copies of these documents and bring them with you to your consultation with your attorney. 

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Adultery and divorce issues child custody alimonyFew things are more hurtful than realizing that your marriage is coming to an end because your spouse has cheated on you. In these cases, you’re likely to feel a great deal of sadness and betrayal, as well as anger about how your impending divorce will affect your children and anxiety about the changes you’ll be experiencing in your life. All of these feelings can seem overwhelming, and you might want to lash out at your spouse for bringing this turmoil into your family’s lives. However, as you proceed with the divorce process, you’ll want to take a step back, consider things from a legal perspective, and understand how infidelity will affect the decisions made.

Addressing Adultery When Filing for Divorce

Depending on the laws in your state, you may or may not need to address infidelity when filing a petition for divorce. Some states recognize fault-based grounds for divorce, allowing a person to state that their marriage has ended because of adultery or other actions taken by their partner. However, most states allow for “no-fault divorce” in which a person simply needs to state that the marriage has failed due to “irreconcilable differences,” and in some states, this is the only option available. While you may feel that you should make it understood that your spouse’s infidelity is the reason your marriage has ended, blaming her for your divorce could make the process more contentious, leading to disputes that take a great deal of time and money to resolve.

Infidelity and Financial Issues

If you believe that your spouse is to blame for the end of your marriage, you may feel that she should be penalized or that matters related to finances should be decided in your favor. However, most state laws do not take adultery or other forms of marital misconduct into account when addressing matters such as the division of marital property. In most cases, assets and debts that you and your spouse acquired during your marriage will be divided in a way that is fair and equitable. However, if your spouse dissipated or wasted marital assets when committing adultery, such as by spending money to buy gifts for her lover, this could affect the decisions made about how property will be divided.

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