Divorce proceedings can be contentious and emotionally daunting for a variety of reasons. For instance, the case will involve personal matters that will come to light. Then there’s the matter of equitable marital asset distribution, spousal support, child support, parental visitation, and so forth.
However, when a case is emotionally charged and the stakes keep rising, especially in matters of spousal or child support or asset division, either parent could be tempted to hide the truth from one another and the court, this is essentially where the problem of perjury comes to light.
From a legal perspective, perjury essentially means giving the court false information while also being under oath. This false information can either be verbal and/or a written statement.
Understanding the Definition of Perjury
A person can say to be perjuring themselves when they deliberately lie while being under oath or give the court a false testimony or information. It is a very contemptible offense in legal proceedings as it directly negates the integrity of the circuit court or any judicial system for that matter. However, there are some conditions that need to be met for the court to label a statement as perjury. Those conditions are:
- The verbal and/or written statement or testimony is deliberately misleading or false.
- The lie or false statement provided is about a material or tangible thing and can negatively impact the divorce proceeding.
- The false statement is said or stated when the individual is under oath in court or whether they are being deposed elsewhere. Providing false information in affidavits and other legal documents is also perjury.
Why Would One Party Perjurer Themselves During a Divorce Case?
Because of the contentious nature of divorce proceedings, both parties are likely at war with one another, especially when you talk about the financial aspect of everything.
When one spouse thinks that the divorce may potentially end up reducing their financial worth, they will likely start hiding their assets and lie about how much they earn or have saved.
The same can be said about parental rights. If one parent thinks that they will not be given primary custody of the child, they may start maligning the parental skills of the other spouse in hopes that they may be given primary custody. Considering this, here are some typical reasons why someone may commit perjury during a divorce case:
- Hiding their income, holdings, savings, assets, etc., to steer clear of equal distribution.
- Fabricating lies and falsehoods about the other parent so that they be given primary or full custody.
- False statements that highlight the need for spousal support and dependence.
- False information purely out of spite or hatred of the other spouse.
Legal Ramifications of Someone Perjuring Themselves During the Divorce Case
Committing perjury is a serious crime, especially during a divorce case. There are a variety of legal ramifications that may be met out to the individual who perjures, such as:
Criminal Prosecution
Perjury is looked upon as a serious felony throughout different states. When found guilty of perjury, the individual can be charged as a criminal and face punitive punishment and/or will be required to pay heavy financial penalties and can even be sentenced to prison. However, the level of punishment will always coincide with the impact of the perjury. The greater the impact, the more severe the penalties.
Fines and Penalties
The individual who has committed perjury may also be asked to pay heavy monetary penalties or can be sanctioned, such as for example, the judge can ask the felon to pay for the other spouse’s legal bill or cover the expenses incurred as a result of the loss that was caused by their perjury and misinformation.
Zero Credibility
Perjury, apart from being a serious crime in divorce litigation, can also completely strip the credibility of the individual in the sight of the court. No matter how good a person you are, if you lie and get caught the judge may have no choice but to take biased decisions to favor the other party in terms of things such as child custody, marital asset distribution, spousal/child support, etc.
Divorce and Perjury: Some Vital Examples to Take Note Of
Minimal Declaration of Assets, Hiding Income
One of the most typical reasons why a spouse may perjure themselves is to try and secure themselves financially by not fully disclosing their income, hiding their savings, masking their assets and investments, etc. Underreporting offshore bank reports and accounts and lying about the value of their business is also another way of perjury during a divorce case.
Lying About the Other Spouse’s Parenting
Another reprehensible and contemptible way of perjuring is to malign the parental skills and reputation of the other spouse. Stating things like the other spouses neglect their child or don’t have the fortitude or emotional intelligence to take of the child is a serious form of perjury. They can also accuse the other parent of drug and alcohol abuse or worse, child abuse.
How to Identify If One Spouse is Committing Perjury
Because of the nature of perjury during a divorce case, which can essentially be summed up as “his/her word against mine”, it can be a very daunting endeavor to prove if someone is committing perjury. You’ll need to come up with solid evidence to fight back against false statements made against you. This is essentially where expert divorce attorneys come into play. Some good strategies that your attorney can use to prove that the other spouse is lying include:
Cross-Examining the Other Party
This involves getting to the nitty-gritty of the statement and matter, searching for inconsistencies in the other party’s potentially false statements.
Subpoenas
Your attorney can file subpoenas against the other party, legally compelling them to give up their employment history, bank account details, tax returns, business profit, and asset portfolio.
Separate Legal Investigation
You can also legally hire a reputed and certified private investigator to collect proof or evidence that is contrary to the verbal testimony or written statements given by the other party.