When it comes to divorce, distorting the truth would be nothing less than a crime. Many spouses think that if they bend the truth of reality, this will favor them. It’s so familiar to tell the truth in divorce cases but sometimes the significance behind it is often overlooked. The truth about this is instead of having a divorce certificate, and one may spend his/her life in prison. To get a fair divorce, both spouses are supposed to give full and frank disclosure of their investments or debts. Both parts have to stand right and look for proper legal aid. This being said, the time you reach out to a divorce solicitors team with expertise, you will make it as easy as possible where both agents agree and decide to go through it. In addition, a Toronto Divorce Lawyer is the best choice for your legal separation especially if you are living in Canada.
Consequences Of Lying Under Oath
The moment you decide to tell the truth in court is always considered truth-telling under oath. In California, when one deliberately gives false information, that is regarded as a penalty of perjury. To understand this better, one must know that the statement made must be material to the case under question. Meaning it must be related to the inquiry of divorce proceedings. For something to be deemed as perjury, it must contain:
- Intent to mislead: You spouse must know that the information he/she is giving is false and will in one way mislead the judge decision.
- There must be a material statement: Refusing to provide an explanation or remaining silence doesn’t constitute perjury. But if the spouse authenticates false writing that may amount to perjury.
- Inconsistent statements: If your spouse gives a statement and later claims to have forgotten something and then assumes to recall something when questioned, this may also lead to perjury. However, the judge is to determine whether the inconsistency is significant.
The truth means that you give your side of the story with honesty and integrity. It doesn’t matter whether the fact will work towards your best interest or not. The latter is what makes many couples fall unto the trap of exaggerating or giving fake stories to get an advantage. Little do they know that one stands to lose more than when the truth would have been told, and one may face legal consequences. Nevertheless, if you think your spouse lied when making an oath, you don’t have to rush to take legal action, what you need is first to contact the best divorce lawyer in Chula Vista to get some advice. While most people believe than an oath is limited to live testimony, this is not the case. Most of the divorce papers contain perjury statements where one is supposed to declare that he/she agrees with whatever is written. When one signs, that signifies an oath. Some of the consequences one may face include:
- Being charged with felony and
- The penalty can be for up to 4 years in state prison
What To Do If My Spouse Lies During Our Divorce
If you realize your spouse has lied when filing case-related documents, you need to take some steps:
- The first thing would be to talk with your spouse and let them know you have the evidence to show the statement is wrong.
- If this is not possible and your spouse is not ready to collect the error, talk to your divorce lawyer. Your lawyer may confront your spouse. Still, if this seems to hit the rocks, your lawyer may notify the judge who will make sure your spouse gets the consequences for lying under oath. And since family law is different from a criminal court, the judge may forward your case to the prosecutor for crime enforcement.
If you suspect your spouse is not telling the truth about your assets, the only best way to get what you deserve is to talk it over with your divorce attorney.
What If You Suspect A Lie After Your Divorce Is Finalized?
If your spouse has lied, whether in the divorce paperwork or court, the chances are that you will not rest until the one who engaged in deceit is held accountable. Your lawyer will ensure that you get your share of marital assets that your spouse may be trying to hide. For instance, your spouse may try to conspire with his/her employer to delay benefits until the divorce proceedings are finalized. While it may be difficult for you to prove that something may not be right, you may choose to be one the safer side by documenting your finances way before you initiate your divorce. Also, you may make copies of documents you consider important. It’s important to understand that one’s credibility could result in the judge having a negative impression about someone. If you have learned of your spouse lies after the divorce is finalized, you can reopen the divorce. If the judge concludes the lies were intentional, one might lose the share of his/her marital status. If you’re in such a situation, consider looking for an experienced divorce lawyer to offer you legal representation.