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Should I file for divorce first in Michigan if my spouse falsely accused me of domestic violence?

5/11/2017

 
If you're charged with domestic violence in Michigan, and you believe you are falsely accused, we need to get to the bottom of why you're falsely accused.  

Did things get out of hand with the alleged victim, the police were called, but both parties played a part, but you were arrested? If the alleged victim is willing to tell the whole truth to the prosecutor and victim advocate and be helpful to our case, then there would be no additional reason for you to file for divorce.  Of course, if things are escalating to where the police are called to your home, it may be a good idea to at least explore how to address that problem so it doesn't happen again or talk to the victim about the next step in your marriage.  Should you guys be together? That's for the both of you to decide.

Now, if you were arrested, but believe you were not the aggressor or the person truly at fault, and the alleged victim is throwing the blame on you and not being helpful to the case, it might be a good idea to consider removing yourself legally from that person to protect your relationship with your kids, your money, and your overall happiness.  

I see it too many times, a client of mine has had issues with their spouse for years and years, and they've been fighting non-stop.  They continue to fight then makeup, but the other spouse uses the threat of the police and prosecuting on my client until it actually happens.  This is not a healthy lifestyle and situation for my client, and it may be time to finally put their foot down.  If you're already charged with DV, it is a bit too late for this case, but a lot of people come to me with a prior incident with that same person, and I can't believe they stayed with them after being falsely prosecuted in the past.  This person needs to file for divorce ASAP. 

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  • The New Rules of Domestic Violence
  • Divorce/Family Issues
    • Filing for Divorce
    • Child Custody
    • Parenting Time
    • Moving with the Kids
    • Spousal Support
    • Personal Protection Orders
    • Property Division
    • Retirement Benefits
    • Child Support
    • Prenuptial Agreements
  • Survival Guide
    • Wayne County >
      • Wayne County
      • Plymouth Canton Northville
      • Dearborn
      • Livonia
      • Woodhaven/Brownstown Twp
      • Westland
      • DV Attorney | Arrest Romulus - Belleville - Van Buren Twp
    • Oakland County >
      • Novi
      • Rochester Hills
      • Farmington Hills
      • Royal Oak
      • Troy/Clawson
      • Bloomfield Hills
      • Southfield
      • Waterford
      • Oak Park
      • DV Attorney | Arrest Clarkston/White Lake Domestic Violence
    • Washtenaw County >
      • Ann Arbor
      • Pittsfield Township
      • Ypsilanti 14A-2
      • Chelsea
      • Saline
      • Ypsilanti 14-B
    • Ingham County
    • Genesee County
    • Monroe County
    • Jackson County
    • Livingston County
    • DV Attorney | Arrest Macomb County
  • Our Team
  • Meet Jonathan
  • Reviews