What Constitutes Being Under Oath?
You're undoubtedly familiar with courtroom scenes in television shows or movies where a witness takes the stand, and solemnly swears—or affirms—to tell "the truth, the whole truth, and nothing but the truth." At that point, the witness is officially under oath. In litigated or contested cases, including divorce cases, there are various other scenarios in which you'd be considered under oath.
For example, once you file for divorce, the court will require you to fill out certain forms regarding your finances and other information related to the case. In New Jersey, there's a form called a Case Information Statement. (Other states may have a different name for it, but the content is normally the same.) You can see a copy of the New Jersey form here.
If you look at the bottom of the last page, you'll find the following language: I certify that the foregoing information contained herein is true. I am aware that if any of the foregoing information contained therein is willfully false, I am subject to punishment.
Once you've signed this form—or any other case-related form with similar language—you've taken an oath.
The Consequences of Lying
A lie is a lie, plain and simple, but proving it is another story. One of the most frustrating aspects of a divorce case for spouses and their attorneys is knowing that someone is lying—but not being able to verify it. How close you get to proving it will impact a judge's ability to deal with the situation.
The Proven Lie
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." That should ordinarily be enough to get you back on track. But if you're dealing with someone who's exceedingly arrogant, narcissistic, bitter, or just plain idiotic, the only viable alternative is to report the transgression to the judge.
Lying under oath constitutes the crime of perjury, so a judge could very easily turn the matter over to law enforcement for prosecution. The deceit could also result in the judge finding the offending spouse in civil contempt of court, leading to a fine or possibly jail time. Additionally, if the court based any decisions on the fraudulent information, it would revisit those decisions and revise or correct them.
Testimony or Information that Seems Suspect
Judges who have been on the bench for a while have most likely seen a scenario similar to yours before. Faces may change, but you'd be surprised how many people's stories are remarkably similar. For example, many spouses try to avoid their support obligations by intentionally reducing their incomes. They'll tell a story about how they suddenly have very little money to pay support, either because they've lost a job, are making less, or can't work—conveniently happening just before a child support hearing. These people may think they've discovered a clever way to avoid alimony or child support, but every family law judge has heard these same tales many times before.
So even if your spouse has lied, but you can't definitively prove it, there's a good chance that a perceptive judge will sense that something isn't quite right. Granted, this isn't always the case. 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. So, even if you can't prove the lie, a wary judge may be more inclined to rule in your favor on certain issues.
Discovering a Lie After the Divorce Is Over
Things get a bit more difficult if you don't find out about the lie until after your case ends.
If the lie obviously impacted the outcome of the case, you certainly have the right to go back to court and request a new hearing. As a practical matter, however, righting the wrong can sometimes be problematic, particularly if it involved marital property that has already been divided, sold, or otherwise disposed of. Normally, the court will do everything it can to find a way to balance the scales, even if it entails having the offending spouse turn over other property as a form of reimbursement or compensation to the innocent spouse.
Of course, the possibility of contempt of court or prosecution remains in the mix—depending on your state's laws on the subject. You should also be aware that your state may have rules and regulations controlling how much time you have after your divorce is final to file a claim regarding your spouse's deception.
Dealing with a spouse's dishonesty during divorce can be a tricky road to navigate. If you have questions about this, you should contact a local divorce attorney for advice.