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Why would my spouse use domestic assault as grounds for divorce?

On Behalf of | Jul 28, 2023 | Criminal Defense, Divorce

Pursuing a no-fault divorce in Minnesota is much simpler than proving that one spouse was primarily to blame for the irretrievable breakdown of a marriage. You can share joint custody of the kids and split all your marital assets equitably. That’s if you and your spouse are divorcing on good terms. Divorce is not always so easy.

Suddenly, your spouse throws false allegations of domestic violence and assault against you. They are using it as grounds for an at-fault divorce. These cases are more common than you would think. Here are some reasons your spouse might invent such allegations.

Leverage in court

A spouse can form untrue domestic assault claims to gain leverage in court. The court would question your moral character, and you could lose your edge in all contestable matters in the divorce. Your spouse would have a better chance at recovering alimony and certain assets of interest, including the principal marital residence.

Child custody

Your spouse might use these fabrications to undermine your parental capabilities and receive sole custody. The court will not take domestic assault lightly; they could see you as an unfit parent. You could lose legal and physical custody, and the court might order you to pay child support to help your estranged spouse raise the kids without you. It can also be a ploy to alienate you from your kids.

Revenge

The most evident reason your spouse might attempt to ruin your life and reputation is revenge. Perhaps they never wanted a divorce or believe you committed adultery. The legal implications of domestic assault are way more severe than infidelity.

Regardless of the reason behind your former spouse’s assault claims, you need to work fast to build a solid defense. The court will not take these allegations lightly. Your future with your children may be at exponential risk.

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