How Lies Can Affect a Family Court Case
Lies and deception are common in family law cases. At some point, people might exaggerate, obfuscate or even lie about assets, income, property ownership and other important details. These false claims can have important ramifications for your case. For decades, we have defended spouses in messy divorce proceedings. Our attorneys know how to expose the truth, proving the lies to protect you.
In a divorce, assets may be divided on a 50-50 basis. During this process, assets are subject to discovery by the other spouse. This means that each spouse must disclose his or her assets. When assets are hidden, however, they are difficult to uncover . If you know that your spouse is withholding discoverable assets, you should immediately consult an experienced family lawyer. Sometimes assets are more obvious. When your spouse receives a promotion, receives a pay increase or gets a new job, he opens himself up to potential discovery.
Lies can impact other aspects of a case as well. For example, custody decisions are made based on each party’s credibility in the eyes of the court. If your spouse has lied previously about asset ownership, a judge may question his/her credibility about other matters as well. In fact, if your spouse’s deliberate dishonesty is sufficiently egregious, it can result in sanctions weighty enough to affect any and every aspect of your case.
Some Common Indicators of Lies or Deceit
Common signs that someone might be lying include avoiding eye contact, shifting position in their chair often, or seeming overly prepared or rehearsed. If the Judge sees any of these signs, he or she may be inclined to seek further information as to the truth of the matter at issue.
Inconsistencies in testimony are another sign court officials will look for to determine if a person is telling the truth. For example, if you have documented the times you spent with your child and provide those dates and times to the Court, it will be inconsistent with what the other parent states under oath, which can become a signature for judges to determine whether someone is untruthful.
If you ask the other party under oath as to what his or her plans are with a child, and they provide an explanation that could fit into the box of being "too much," or "too expensive," or "would require them to sell something," the Judge or support magistrate may believe there is merit to your claim that they do not have a sincere desire to spend time with the child.
Judges and support magistrates can sometimes require the person with most of the parenting time to allow peaceable contact with the child for a few hours in public with the other parent. If the person in charge has too much animosity and just wants to prove their point that the child should not be with the other parent, an application can be made to restrict that time or eliminate it altogether.
Another common sign that a person is lying is if the child’s parent or attorney basically asks the child to lie. For example, if you are present at a hospital and tell the child that when it is asked about the hospital visit by a different parent, to say he or she was at home. The child may be inclined to follow your instructions. However, if you are somehow videotaped doing this, that can be used against you.
How to Collect Evidence to Prove Lies
The types of evidence that you can use to prove that the opposing party is lying in family court include text messages, email messages, financial documents such as bank statements and credit card statements, photographs, video and/or voice recordings, and witness testimony. It is important to keep notes of your experiences as they occur, especially when there is an important incident or occurrence.
You will need to be quite thorough in maintaining your own documentation. If there has been an incident that you feel is significant, write down the details of it. What happened, where it happened and when it happened. Document any and all witnesses who were present at the time. Document what you said and what the other party said. When it comes to keeping documentation, keep in mind that if it is not written down, it is not going to be believed by the judge (or at least they will be much more sceptical of what you have to say) so keep notes as soon as possible when an event occurs. Documents such as text messages (which can even be retrieved from some phones), emails, financial documents including bank statements and credit card statements, and photographs can all be admissible in a family court proceeding. For example, a text message about an event that says the complete opposite of other testimony being given can be useful. Or, you may have emails confirming that the party gave you certain information in the past that he or she is now lying about. It is critical to keep financial documentation when this is relevant to the issues before the court, including bank and credit card statements, pay stubs, and even tax returns where valid. Many people think that because they are not cooperating with you they are free to delete or destroy records to which you are entitled. Though there are laws that prohibit this, they are hard to enforce.
Be aware though, that even if you have your documentation in hand you will also need to be able to introduce it into evidence. You cannot simply wave a sheet of paper in the air and claim that it contains a smoking gun. Failure to properly prepare to present evidence can lead to your case being lost or to part of it not being considered.
Legal Tools to Uncover Lies
In family court, where your life, your finances, and the relationship with your children depend on the outcome of the case, it is vital to approach every lie as a golden opportunity to gather evidence that can prove the truth. The legal strategies below will help you choose the correct options for your particular case:
Cross-examination If you are presenting your case to a judge, you will likely have the opportunity to cross-examine the lying party. This process usually includes asking leading questions that can be answered with either a ‘yes’ or ‘no.’ For example: "The kids take lessons in swimming, don’t they?" "They also take lessons in tennis?" "They also take music lessons?" By the time you finish with your last series of questions, it is clear that these children take a plethora of lessons. In addition, when two parents have nothing but positive information to share about the children , and one parent tries to convince the court that the other parent is somehow unworthy, you know that parent is lying. These are obvious examples of tactics to use during cross-examination.
Questioning Expert Witnesses Sometimes, you will need help from an expert. Experts can provide valuable input on such issues as the mental health of a parent, the parenting skills of a parent, or even the lifestyle of a parent. In a child support action, an accountant can be helpful in tracing the source of funds. In drug cases, urine tests and hair follicle tests can help determine how often a person has been using drugs.
Deposition It is always best if you have an attorney who knows what information to elicit during deposition. Otherwise, ask leading questions, take the information from the opposing party you suspect is lying, and analyze the responses.
How to Use Your Attorney to Help You Gather Evidence
Sifting through a large number of evidentiary considerations can be difficult for even experienced family court practitioners. Therefore, to ensure a successful day in court, you should work closely with your attorney to establish your case. Regarding the process of proving that someone has lied in family court, there are many lines of evidence to consider and demonstrate to the judge. In this process, both you and your attorney need to be on the same page regarding facts of the case. You ultimately know your situation better than anyone else, so it’s important that you take the time to carefully assess the value that evidence could bring to a successful day in court. Thoroughly consider every document you have received from your spouse’s attorney, as well as those that you have received directly from the court. Some of the important information to consider in this type of case includes:
The goal of your attorney is to get the most accurate idea of your spouse’s life and work up-to-date. Both you and your attorney should be regularly communicating throughout the family court process so you are prepared to present your case when the time comes. Gathering all evidence can be a time-consuming process, but it is essential to working toward a positive resolution to your family law case. You should follow your lawyer’s lead and tell the truth in court. Family law courts are generally more concerned about presenting evidence that your spouse has been untruthful than whether you have broken any rules. While it’s understandable if your spouse is untruthful regarding sensitive issues, proving that someone is lying in family court can be done successfully when you and your Orange County family law attorney approach things methodically.
When the Judge Can Help You Show Lies
Judges are at the top of the hierarchy of courts. They make decisions about matters of law and ensure that court procedures are followed. They also determine whether there is enough credible evidence to conclude that someone did not tell the truth. Most judges have encountered many people who seem to have no problems lying, and family court judges are no different. Maybe the most interesting part about judges in the family court is that those who are "ordinarily" endowed" to tell the truth seem to lie quite frequently. A judge first hears about deceit in the courtroom when someone files an Affidavit stating that a lie occurred, lies about what the lie was, or acknowledges that he or she lied. It is rare that someone who was caught lying will admit to it. Lies happen in marriages , and in family court the only thing judges look out for more than anything else is whether the person who is to testify is being honest. When listening to testimony, the judge pays attention to whether the story changes whether the person is consistent and makes logical sense. Judges consider the credibility of a witness when deciding on issues of prejudice. Legally, in family court, the court only wants to know about the kinds of things that the couple involved is willing to tell the judge is pertinent to the family court, including what the witnesses can recall, understand and relate. Therefore, the surprises that tend to occur with in-family witness testimony are whether the liar has a reasonable reason for the lie.