Divorce is already one of the most emotionally taxing experiences a person can face, but when you realize your spouse may be lying under oath, the frustration can quickly turn into anger, disbelief, and outrage. You stood up and told the truth. How can they just say whatever benefits them? And more importantly, are they really going to get away with it?
At the Law Offices of Michael A. Robbins, we’ve been guiding Michigan residents through divorce since 1982. We understand how infuriating it is to feel like the system is being manipulated. The reality is that dishonesty in divorce proceedings is more common than most people expect. Some spouses lie to appear more responsible, to hide assets, or to influence custody and support decisions. But in our experience, it rarely succeeds in the long run.
If your spouse lies under oath during your divorce, here’s what you need to know:
- Lying under oath is perjury and carries serious legal penalties.
- Judges are skilled at identifying dishonesty and will typically base decisions on the truth.
- You can take steps to prove your spouse is lying, including gathering evidence with your attorney.
- Legal remedies are available to protect your rights and pursue a fair outcome.
What Is Perjury, and How Does It Apply to Divorce?
Perjury means lying under oath in a legal setting. In divorce cases, this can include false financial disclosures, misrepresenting parenting abilities, or hiding assets.
Being “under oath” isn’t limited to live courtroom testimony. In Michigan, nearly every document you file in a divorce carries a penalty of perjury statement. The moment you sign your divorce petition, you’ve sworn to tell the truth. The same applies to your spouse.
What Are the Legal Penalties for Lying During a Divorce?
Perjury is a federal crime. A civil court judge can refer the matter to a prosecutor for criminal enforcement. Potential consequences include probation, fines, or a prison sentence of up to five years.
Even without criminal charges, a judge can hold your spouse in contempt of court, which may result in fines or jail time. And even if formal penalties don’t follow, lies have a way of backfiring. A spouse who loses credibility in court often loses far more than they bargained for.
Can Judges Tell When Someone Is Lying in a Divorce?
Yes. Judges see these situations constantly and know what to keep an eye out for. Inconsistencies in testimony, suspicious timing, and implausible financial claims are all red flags that experienced judges recognize quickly.
A classic example: a spouse quits a high-paying job right before divorce proceedings to reduce their child support obligation. Judges see through this. Rather than using the new, lower income, they will often calculate support based on what that spouse is capable of earning. The deception accomplishes nothing.
How Can I Prove My Spouse Is Lying in Our Divorce?
Building a strong case takes patience, but there are practical steps you can take:
- Keep meticulous records. Document every communication, including texts, emails, and social media interactions. Organize financial statements, receipts, and any other paperwork that can substantiate your claims. A clear, chronological record is a powerful tool.
- Utilize the discovery process. Your attorney can employ formal legal procedures to obtain information from your spouse. This includes interrogatories (written questions that must be answered under oath), requests for production of documents (like bank statements, credit card bills, and business records), and depositions (out-of-court testimony under oath).
- Consult with financial experts. If the lies involve complex financial matters, such as hidden assets or undervalued business interests, a forensic accountant can analyze records and uncover discrepancies that might otherwise go unnoticed.
- Identify third-party witnesses. Friends, family members, or colleagues may have knowledge that can corroborate your position. Discuss with your attorney whether their testimony could be beneficial to your case.
Stay focused. It’s easy to get caught up in the emotional side of things, but the strongest cases are built on evidence, not frustration.
What Legal Remedies Are Available If My Spouse Lies During Divorce?
Once you have gathered sufficient evidence of your spouse’s dishonesty, you can take legal action. Your attorney can help you pursue several options:
- Request sanctions or penalties against your spouse.
- Seek modifications to custody or support orders if prior decisions were influenced by lies.
- If your divorce was already finalized, you may be able to reopen the settlement with concrete evidence of intentional misrepresentation.
Your attorney is your strongest ally here. Don’t try to handle it alone.
Protect Your Rights With Experienced Legal Representation
Lying under oath is serious, but it doesn’t have to derail your divorce. By understanding the legal consequences, working closely with your attorney, and staying focused on the facts, you can protect what matters most.
If you’re dealing with a dishonest spouse in Michigan, contact the Law Offices of Michael A. Robbins. We’ll fight to get you the outcome you deserve.