Don’t Lie in Divorce Court – Be Prepared to Testify! - Reynaldo Garza, III

When the clients of divorce lawyers are unable to reach agreements outside of the courtroom, the divorce proceedings must be continued in a hearing.

Part of that hearing will include spouses being called to testify to help the judge understand both sides of the divorce story.

When a spouse lies in court, not only do divorce attorneys find that it will negatively affect the whole case, but that person could face penalties.

Rather than lying, spouses should work with their attorneys so they are prepared to testify truthfully for everyone’s benefit.

Divorce Court Testimony Is Taken Under Oath

Any testimony given in court, including in the family court, is taken under oath.

That means that spouses showing up with their divorce lawyers are required to swear in and promise that they will tell the truth.

A person who lies in court is said to have committed perjury, which is recognized as a crime and could result in that person facing certain penalties.

Essentially, divorce attorneys warn that divorce cases heard in court are no different than any other case with regard to every person’s requirement to tell the truth as they remember things happening without fabricating details, embellishing, or leaving out important information.

Why Do Spouses Lie In Divorce Court?

The most common reasons that divorce lawyers find for spouses lying under oath in their divorce hearing is to protect assets or to try to gain the favor of the court in different ways.

Hidden assets are a common issue that comes up in many high-profile divorces.

In addition, some spouses who feel wronged by their soon-to-be ex-spouse might embellish or withhold the truth to pull at emotional strings in an effort to gain a judgment that favors them more.

Divorce attorneys stress that in these and any other cases, lying is the wrong way to go about it.

By putting decisions in the hands of the family court judge, both spouses agree to honestly tell their stories and accept that judge’s decision.

Therefore, lying is seen as interference and an attempt to sway the court.

What Can Happen If A Spouse Lies?

When a spouse is suspected of lying in divorce court or even proven to have done so, there can be penalties.

Firstly, divorce lawyers find that if it is discovered that a spouse has lied in court, this can negatively affect the consideration they get in the case, exactly the opposite of what they intended to accomplish by lying.

If it is discovered afterward that a spouse has lied, the other spouse and their divorce attorney may also be able to request to have the case reopened and should the lie affect the case results the second time, the lying spouse could end up forfeiting a large portion of their assets that were awarded during the initial hearing.

Since perjury is a federal offense, lying spouses could also find themselves in further legal hot water depending on the lie that was told, potentially facing legal punishments.

Prepare For Testimony With Experienced Divorce Lawyers

Though there are times when people may not be proud of their truths, it is essential that they honestly answer questions when under oath, even in divorce court.

To prepare for a divorce hearing, spouses should hire experienced divorce lawyers who will have them practice giving testimony and help them avoid situations that could be interpreted as lying.

Most importantly, spouses must trust their divorce attorneys and understand that he or she is working in their best interest even when the truth might be uncomfortable.

It is better to get uncomfortable things out in the open early to pave the way for honest testimony in court, as doing so will receive a more positive reaction from the court.