why wife divorce lawyer lies

A spouse who lies about the existence of an asset during the divorce process intends to hide that asset from division. Lying about existence of an asset usually means the asset must be easy to hide. For example, it is difficult to lie about the existence of a house, as compared to a bank account.

Full Answer

How does lying affect a divorce?

Some people have elevated lying to an art form. But one of a judge's skills is the ability to weigh someone's credibility, which will affect a court's decisions. If a judge believes that a spouse's testimony or behavior isn't forthright—whether proven or not—it will likely taint everything that spouse does during the divorce.

Are lawyers supposed to lie to clients?

Hyland is a partner at Frankfurt Kurnit Klein & Selz in New York, where she focuses on legal ethics, professional responsibility and legal malpractice. “As a general practice,’’ said Green, “lawyers aren’t supposed to lie. But there are hard questions about when you must be forthcoming and when is it okay to engage in a little trickery.

What happens if a spouse lies in a court case?

But the court normally won’t penalize the spouse personally. If, however, the representation made is knowingly false—a judge can sanction (punish) the spouse with monetary fines or worse. Lying in a court document is basically lying under oath. If you do it, you’ve perjured yourself.

What should I do if my spouse lies during the divorce process?

If your spouse has lied during the divorce process, and you have proof, there are a few ways you can proceed. If you're feeling particularly generous or compassionate, you can speak with your spouse and basically say, "I've got proof that you lied. Fix what you've done, and we'll move on."

When your spouse lies during divorce?

Punishment for committing perjury could result in probation, fines, or a prison sentence up to 5 years. If your spouse's deceit doesn't warrant a criminal investigation, the judge in your divorce case could still find your spouse in contempt of court, which could result in fines or time in jail.

How do you deal with a liar in a divorce?

7 Tips for Dealing With a Compulsive Liar in a DivorceHire a divorce attorney. It is essential to have an experienced family law attorney on your side. ... Provide helpful guidance to your divorce lawyer. ... Gather evidence. ... Minimize contact with your spouse and use caution. ... Keep a journal. ... State the truth. ... Be patient.

How do you deal with a vindictive wife in a divorce?

It's not easy dealing with a vindictive spouse during a divorce, but there are things you can do to minimize the impact of his or her actions.Remain Calm. ... Pay Attention to Your Behavior. ... Don't Stop Talking to Your Spouse. ... Consider Your Financial Future. ... Avoid Putting Your Children in the Middle.

Is lying to your spouse a crime?

Perjury, or the crime of lying under oath, is a federal crime. In a civil court, like the court that will hear divorce proceedings, the judge is limited in their power to punish the lying spouse.

Do judges see through lies?

Judges are only human. The judge will do his or her best to determine who is telling the truth, but the judge doesn't know either of you very well. The judge may conclude that your ex is lying and, if so, this will certainly affect how the judge rules in the...

How do you expose a liar in court?

There are steps that another person can take whether a party or an observer to inform the court of lies.Provide Testimony. A person who knows that someone else has lied to the court may be called as a witness by the adverse party. ... Cross-Examination. ... Provide Evidence. ... Perjury. ... Jury Instruction. ... Legal Assistance.

How do you fight a narcissist in a divorce?

Divorcing a NarcissistDon't Even THINK That Your Divorce Will Be Amicable. ... Get a Strong, but Reasonable, Divorce Lawyer. ... Get a Therapist. ... Assemble Your Support Team BEFORE You Divorce. ... Get EVERYTHING in Writing! ... Stay Out of Court as Much as You Can. ... Find Ways Your Narcissistic Spouse Can “Win” ... Pick Your Battles Wisely.More items...

How do you deal with a lying wife?

14 Things To Do When Your Spouse Is Lying To YouDon't blame yourself. ... Learn how to tell when they are lying. ... Figure out why they are lying. ... Trust your instincts. ... Challenge their lies. ... Think about how you would react if they told the truth. ... Have an honest conversation with your spouse.More items...•

How do you deal with a lying spouse?

Tips on How to Deal with a Lying SpouseReview His Lying Pattern. One of the best ways to approach a lying spouse situation is to analyze the patterns of his lie. ... Don't Blame Yourself. ... Think About Whether You Want to Know the Truth. ... Work it Out as a Couple.

Can you sue your spouse for lying?

If your ex-spouse told lies when she was not under oath, they are not immune from civil liability and you can sue them for those lies. And, if they have repeated those lies to your mutual acquaintances or family members, that may be slander, too.

What happens if you lie on divorce papers?

Proceedings for contempt of court may be brought against a person who makes or causes to be made, a false statement in a document verified by a Statement of Truth”. The warning could therefore not be clearer.

Can you sue a person for cheating with your spouse?

Moreover, California does not have a criminal statute against adultery. This means you typically cannot sue someone for having an affair with your husband.

What happens if you lie to a judge?

Judges strive for impartiality when presiding over cases, but if you’re caught in a lie, it’s conceivable—if not likely—that a judge will view anything you say in the future with a degree of suspicion. Judges may give no indication that this is how they’re thinking. But because the chance exists, you’ve put yourself in a position where you’re virtually forced to go above and beyond what you’d normally need to do to regain credibility. You don’t need that additional burden.

What happens when a spouse receives a divorce petition?

Once this happens, the spouses will exchange preliminary financial disclosures, which provide basic information about income, expenses, assets, and debts.

What is the process of obtaining information from your spouse?

If you believe that your spouse doesn't have all of the required information or that your spouse is hiding information about assets from you, you or your attorney can use a process called “divorce discovery." Through formal discovery, attorneys can gather relevant information by sending the spouses and third parties written requests for documents, written questions (interrogatories) and/or requests for oral testimony (deposition subpoenas).

What is the process of divorce discovery?

Discovery Documents. If you believe that your spouse doesn't have all of the required information or that your spouse is hiding information about assets from you, you or your attorney can use a process called “divorce discovery.".

What is a divorce petition?

When most people hear the term “divorce documents,” they think of the documents required to open and complete the case, including a divorce petition (complaint), which is filed with the court to initiate the process, and the final judgment granting the divorce. But the term encompasses far more than that.

What happens when a spouse answers a question for information?

When your spouse answers these questions for information, or claims to not have certain requested documents, he or she is often doing so under penalty of perjury, because discovery requests must be signed, and during a deposition, the witness is under oath.

Why is "to the best of your knowledge and belief" included in divorce papers?

The phrase “to the best of your knowledge and belief” is included in court documents because courts realize that honest mistakes are bound to happen. If it appears that one spouse made an inaccurate statement unintentionally, a judge isn't likely to hold it against that spouse. That’s not to say it won’t impact the divorce, especially if the inaccuracy relates to a significant issue. But the court normally won’t penalize the spouse personally. If, however, the representation made is knowingly false—a judge can sanction (punish) the spouse with monetary fines or worse.

Why do spouses lie on divorce papers?

Lying during divorce, including lying on divorce papers, is common because lying, in general, is common . We will explore in this article what spouses lie about during a divorce, how to deal with that lying spouse and some of the consequences of the deception.

What does it mean when a spouse lies about an asset?

A spouse who lies about the existence of an asset during the divorce process intends to hide that asset from division. Lying about existence of an asset usually means the asset must be easy to hide. For example, it is difficult to lie about the existence of a house, as compared to a bank account. Here is how you deal with ...

What is a deposition in divorce?

A deposition is a process in which your attorney questions your spouse about any topic related to the divorce. In a deposition, your spouse must answer the questions under oath and in the presence of the court reporter who types every word anyone speaks on the record.

What are the different types of lying?

We include different types of lying including lying on divorce papers and lying during verbal testimony.

What to do if spouse claims more than she earns?

If a spouse claims he or she spends more than he or she earns, that is often proof the spouse is lying. Conduct "discovery" which is the formal request for information. You can obtain documents, answers to questions, admissions of fact, and take the other spouse's deposition.

How many types of lies are there?

We commonly see two types of lies.

Why do we like this process more when faced against an abusive spouse?

We like this process more when faced against an abusive spouse, because children, especially when they are old enough, are willing to reveal the nature and extent of the abuse in a comprehensive child custody evaluation.

Why do people lie to me?

Some people might want the other to protectively lie: “lie to me to keep me from knowing what’s really happening.”

What is the problem with protecting lies?

The problem with “protective lying” is that the person you think you’re protecting may lose confidence in you. After a while, they know that you’re hiding the truth…after all, the information you give proves false time after time. They decide that you have no idea what you’re talking about…OR they become convinced that you won’t tell them the truth and they resent that.

What does it mean when a girl says the truth will hurt you?

That means that when she feels that the truth will hurt you, she won’t tell you the truth. Either she hides it altogether or she slants what she says in hopes that will somehow reduce the negative effect it will have on you.

What to do if a girl is a liar?

If she’s a “liar liar” I strongly suggest you get her to a qualified therapist to help her change that behavior .

What to do if you love her and want to save the marriage?

If you love her and want to save the marriage, then it’s very important that you do NOT do things to make it worse. Things such as: exploding in anger… paying her back for what’s she’s done …setting boundaries that put her in a veritable emotional prison…threatening the guy she’s involved with…you get the idea…those kinds of things aren’t going to help and very, very likely will make it worse.

What to do if your wife refuses to help you?

If your wife refuses to get the help she needs, you may love her enough that you stay with her the rest of your life…but you’ll always be wary…always check behind her…rarely if ever take what she says at face value.

Is "get out of trouble" a liar?

It’s still in the category of the “get out of trouble” liar, but not for minor things. This has to do with when she’s doing or is into something major.

How to make your spouse less likely to lie?

Spot the lies. By being aware of a lie as soon as it is told to you it will make your spouse less likely to lie. If they are aware that they aren’t going to be able to get away with it then they may be less likely to do it in the future. Problem is, even though there have been so many studies conducted, there is still no way to know for sure. Even expects sometimes have difficulties detecting a lie. There are, however, a few signs that you can look for.

How do you know if you are lying?

Eyes, ears, nose and mouth. Another sign of a lie is if the person suddenly begins to cover or rub their eyes, ears, nose or mouth. This is an unconscious reaction that the person may have when telling a lie.

Why should a lawyer ask the judge to excuse her from answering?

A: The lawyer should ask the judge to excuse her from answering because of her confidentiality obligations to her client. Roiphe said this question brings up the intersection or tension of a lawyer’s obligation to tell the truth or not to make a false statement and their obligation to confidentiality to their client.

Why is the prosecutor not required to disclose the death of a witness?

A: No, because the witness’ death was not exculpatory, and therefore the prosecutor had no constitutional, statutory or ethical duty of disclosure. Roiphe said that in the actual case the court concluded no, and added that for her the issue is one of deceit.

Why can't you settle a civil case?

Hyland said that in a civil case, if you are representing the plaintiff and the client dies, you can’t consummate a settlement because you no longer have a client and you no longer have authority. “But more to the point, it’s deceptive,” she said. “I’m even struggling with why this would be less deceptive on the criminal side and why a prosecutor could engage in this conduct when a civil litigator would clearly be in the wrong.”

Why is it bad to tell a judge you have no idea where your client is?

Hyland said telling the judge that you have no idea where your client is can be almost as harmful as any other type of response because it deflects your responsibility. “But you could say, ‘I’m still looking into that. I don’t have enough information yet,” she explained. “There may be a way to say it that appeases the judge or makes the judge angry or think that you’re being evasive.”

What happens if a defendant is absent from court the next day?

The defendant’s mother told the defense lawyer that her son would likely not make it to court the next day, as he had just left the house “high as a kite.”. Drug use would violate a term of the defendant’s pretrial release. When the defendant is absent from court the next day, the judge asks defense counsel, “Do you have any information about why ...

What happens when a case turns on the complaining witness?

Initially, the prosecution cannot locate the complainant, but eventually it does and the prosecutor announces, “ready for trial” and the case is marked trial-ready. Over the next two months, the prosecutor and defense counsel negotiate a guilty plea. The defendant accepts the plea offer.

Can lawyers lie?

Everyone knows that lawyers are not allowed to lie — to clients, courts or third parties. But once you get beyond deliberate false statements, the scope of the obligations to truth and integrity become less clear. What about reckless and negligent statements that are false? What about misleading statements and implications about the extent of your knowledge? What about omissions? When is it okay to exploit someone else’s misapprehension and when do you have to correct it?

What does it mean to lock your spouse out of the house?

Locking you partner out of the family house even though he/she isn’t a threat to you: If no abuse is involved, this is usually a needless power maneuver to escalate the divorce battle.

What are the maneuvers used in divorce?

Here are seventeen distasteful and oftentimes provoking maneuvers employed by both men and women during the divorce process: Rejecting or delaying a raise at work in order to reduce (or avoid paying) alimony or child support payments: Some people quit their jobs rather than pay their partners any money.

When do you dump your partner?

Dumping your partner during a time of celebration (anniversary, giving birth): Some partners insist on sadistically stealing your joy.

Can you ridicule your estranged spouse in front of your children?

Consistently ridiculing your estranged spouse in front of your children: Creating loyalty conflicts won’t serve your children well.

Why do you need a divorce attorney?

Hiring an experienced divorce attorney as soon as possible is essential to preserving one's parental rights. Providing testimony about positive involvement in the child's life from teachers, psychologists, friends and family help to build a foundation that a parent is stable and responsible. Further, if drug use is alleged, providing a clean drug test is the most direct way to combat such a claim.

What is the law in Illinois for divorce?

Under Illinois divorce law, each party has a right to a portion of the marital estate, unless the parties mutually agree otherwise. But, a fair and appropriate division depends upon both parties providing accurate financial information. If a party intentionally withholds information or falsifies the amount or existence of assets, a court is permitted to award a greater share of the marital estate to the innocent spouse. However, if accusations of hiding assets are made, providing statements from one's accountant about income and purchases over the previous year is an effective way to refute such a claim. Thus, spouses entering divorce should make considerable efforts to get their financial records in order to limit the other party's opportunity to level false claims.

Can a divorce attorney push for contempt of court?

In addition to penalizing the party making false accusations, he or she may also face charges of perjury or being held in contempt of Court. Both bring the potential for fines and/or jail time if pursued, and an experienced divorce attorney can push for this type of Court action.

Is dishonesty a legal action?

While dishonesty between spouses is rarely worth taking legal action, lying or mislea ding a Court can result in serious consequences. Statements made directly to the Judge and documents filed with the Court all come with the stipulation that the information provided is true and accurate. If the Court later discovers a party intentionally lied or provided erroneous information, the potential consequences can reach both the outcome of the divorce case and include the imposition of criminal penalties.

Can a judge deny parental responsibilities?

If the Judge determines a parent poses a threat to his or her child's physical, mental or emotional health, then the Court may restrict parental responsibilities or completely deny them. Accusations of substance abuse can also lead to similar results. Combating these allegations can be difficult, but they must be met head-on to avoid damage to the parent/child relationship.

Can a court move a parenting plan in favor of a falsely accused party?

If a party is successful in refuting these types of allegations, the Court may be moved to modify the parenting plan in favor of the falsely accused party, if one is already in force, or granting the wronged parent a greater share of the parental responsibilities if the case is still pending.

Is divorce hard in Inverness?

Divorce is hard enough without a spouse making false statements against you to the Judge. Considering what is at stake, you need a knowledgeable and dedicated Inverness divorce attorney to protect your rights and ensure the proceedings are fair. The Law Office of Nicholas W. Richardson, P.C. serves clients in the Palatine area, and is ready to help guide you through the divorce process. Contact the office for a free initial consultation.