My Spouse is Lying in Our Michigan Divorce. Do I Need to Convince the Judge?

 Posted on July 15,2022 in Divorce

Divorce is an incredibly stressful situation and it can be made even worse with a spouse who is determined not to follow the rules. Unfortunately, many people try to hide details to get a more favorable outcome in their Michigan divorce, making it difficult for judges to get an accurate picture of a couple’s life together in order to achieve a fair divorce decree. But lying under oath is illegal, and a spouse who does so can face serious consequences. Here are some tips about what to do if your spouse is lying in your divorce. 

What is Perjury? 

Courtroom dramas are famous for having scenes in which defendants agree to tell the whole truth and nothing but the truth. But individuals, whether they are participating in a criminal or civil trial, are under a legal obligation to tell the truth as soon as they are involved in any legal proceedings. Doing otherwise is committing a crime known as perjury. For example, signing a financial affidavit that attests to containing a spouse’s full financial picture without disclosing a personal savings account would be considered lying under oath. Likewise, failing to answer a question honestly during a deposition could also be considered perjury. 

Civil judges in divorce cases can hold someone in contempt of court for lying under oath. Punishments generally include fines and, perhaps more seriously, skepticism on the part of the judge about a spouse’s claims in the future. When the perjury is serious enough, the judge may even refer the case to a prosecutor for criminal charges. 

What Should I Do If I Know My Spouse is Committing Perjury? 

Although you may know with complete certainty that your spouse is lying, without evidence your claims are difficult for a judge to do anything with. Letting your spouse’s attorney know that you have evidence that they are lying may be an effective strategy for getting more accurate information into the open. But if this proves ineffective, your attorney may need to approach the judge with evidence that your spouse is being dishonest. 

However, even if you have no proof, divorce judges have seen many cases and are sensitive to signs that a spouse is being dishonest. For example, if a spouse quits his or her job or takes a demotion to avoid paying child support or alimony, a judge will notice that the decrease in salary occurred right as the divorce was getting underway. The judge may then order the spouse to pay support as if they were employed at their previous salary level. 

Contact an Assertive Oakland County Divorce Attorney

When you are involved in a divorce and you know your spouse will lie to the judge, get help from a Novi, MI divorce attorney who is not afraid to be assertive when necessary. At Elkouri Heath, PLC, our attorneys have seen every trick in the book and can help you show that your spouse is not telling the full truth. Call us today at 248-344-9700 to schedule a free consultation and discuss your case. 

Source: 

http://www.legislature.mi.gov/(S(gs2qa0aemcdyugnooxrximhq))/mileg.aspx?page=getObject&objectName=mcl-750-423