The Consequences of Perjury in Divorce and Family Court Cases
Even young children understand that lying is wrong, but when you lie under oath, there can be legal consequences. The term “perjury” refers to lying in certain legal proceedings.
During your divorce, you might have to swear that the information you provide will be factual. What happens if you lie under oath in family court or if your spouse misreports the facts during divorce mediation? The experienced divorce lawyers at Mims Ballew Hollingsworth can explain how perjury laws apply to your case.
What Constitutes Perjury in Family Law?
According to Texas Penal Code §37.02, perjury occurs when someone knowingly makes a false statement under oath with the intent to deceive.
This offense can also apply to an unsworn declaration, which Texas Civil Practice and Remedies Code §132.001 defines as a written statement signed under penalty of perjury. A signed agreement for the fair division of marital assets could fall under this category.
Spouses may commit perjury in divorce cases for several reasons. Financial motives are common; a spouse might hide assets to avoid dividing them or underreport their income to reduce spousal or child support payments.
Child custody is another common motive. A parent might lie about the other spouse’s or their own actions in an attempt to gain custody of their children. Some people lie out of spite, making false claims to emotionally wound an ex-partner or get them in legal trouble.
The Ramification of Lying Under Oath
Lying on divorce papers or in court can result in serious consequences. What is the penalty for perjury in family court?
Under Texas Penal Code §37.02, perjury is considered a Class A misdemeanor, the most serious misdemeanor classification. A conviction can result in fines or jail time, including a fine of up to $4,000 and a jail sentence of up to one year.
When a false statement made in court has a serious impact on the outcome of a case, this is considered aggravated perjury. This crime is a third-degree felony and may result in fines of up to $10,000 and prison time of up to 10 years. Of course, this type of perjury only occurs in a divorce that goes to trial.
Unmasking the Truth: Tactics for Proving Perjury
If you believe your ex has lied during your divorce case, the next step is figuring out how to prove perjury in family court. A talented divorce lawyer can offer legal assistance, but proving perjury isn’t always easy.
Proving perjury in a divorce case requires demonstrating that a party intentionally made false statements under oath. Attorneys do this by gathering evidence: they analyze documents for inconsistencies, interview witnesses to obtain contradictory testimony, and skillfully cross-examine the opposing party to expose deceit. Digital evidence, like social media and location data, is also used to corroborate or refute claims.
To protect against perjury and maintain case integrity, attorneys employ thorough pre-trial discovery, including depositions and document requests, to solidify testimonies early on. They carefully prepare witnesses and use cross-examination to highlight discrepancies. Discrediting dishonest testimony involves presenting direct contradictory evidence and challenging the witness’s credibility. Careful record-keeping and strict adherence to procedural rules can ensure a defensible case, minimizing manipulation and misrepresentation.
Honesty in Documentation: Safeguarding Legal Processes
For the court to make fair decisions regarding the division of assets, child custody, and support payments, both parties must provide accurate information. Figuring out how to prove someone is lying in family court may not be easy, but it is critical to fair and just outcomes.
Seek Trusted Legal Guidance From Mims Ballew Hollingsworth
Committing perjury in family court is a serious offense. If you can prove that your spouse willfully lied under oath, you may achieve a better result in your divorce case.
The seasoned attorneys at Mims Ballew Hollingsworth can help. Contact us now to schedule a consultation and discover the benefits of legal representation.
Fort Worth, TX Divorce & Family Lawyers
Constance Mims has over fifteen years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization. She is Collaborative Law certified and is a shrewd negotiator, not to mention her experience in the most challenging child custody, child support, spousal maintenance, alimony, prenuptial agreements, and divorce issues, both in court and in the appellate arena.
FAQs about Perjury in Divorce Cases
Perjury occurs when a person lies under oath as part of a divorce, child custody, or support proceeding.
The penalties for a Class A misdemeanor like perjury may include fines not to exceed $4,000 and jail time of no more than one year.
Evidence like accurate documentation, written or recorded messages from your spouse, and witness testimony can prove that statements made by another party are false.
In addition to criminal consequences for perjury, a judge in a divorce case may award the truthful spouse more favorable terms.
