How to Prove Falsehoods in Divorce Proceedings
Whenever an individual is involved in any type of legal case, honesty is absolutely essential even when it comes at a detriment to one’s own personal interests. Unfortunately, in many divorce cases in San Diego and throughout California, divorcing spouses attempt to hide assets, make false statements, obfuscate evidence, and otherwise interfere with their divorce proceedings for personal gain. When this occurs, the other spouse must know their legal options and take appropriate action.
A San Diego divorce attorney is an essential resource for any divorcing spouse who has reason to believe their soon-to-be-ex has engaged in any type of unlawful hiding of assets. California upholds strict community property statutes for divorces. Divorcing spouses should provide complete and accurate financial records during divorce proceedings. Your attorney may need to consult with outside experts to prove falsehoods and other discrepancies in your divorce case.
Expert Witnesses in California Divorce Cases
A divorce case is a civil matter during which both divorcing spouses have the opportunity to offer evidence, provide testimony, and call witnesses to support their positions in the case. Like any other civil case, difficult questions may arise that require assistance from outside experts. It is not uncommon for San Diego divorce attorneys to consult with medical experts, forensic experts, researchers, academic professors, and other outside experts to provide their professional opinions on certain disputes.
If you suspect that your soon-to-be ex-spouse has lied or falsified information material to your divorce, talk with your attorney. They may require the assistance of one or more expert witnesses to establish the truth of the matter. For example, if you believe your spouse has provided inaccurate income records or has a hidden investment account subject to division under California’s community property law, it may be necessary to work with forensic accountants, economic advisors, and tax professionals.
Expert witnesses may weigh in on a case as consulting experts or testifying experts. A consulting expert simply provides professional clarification on esoteric matters material to a divorce case. In contrast, a testifying expert witness will play an active role in divorce litigation, offering sworn statements or testifying in open court if necessary.
Proving the Truth With Expert Witnesses
No matter how your soon-to-be ex-spouse has interfered with your divorce, the right professional insights can help expose the truth and ensure a fair, reasonable result in your case. For example, if you need to expose hidden assets or prove your spouse’s actual income level, a forensic accountant will know where to look to uncover available records.
Expert witnesses can also assist in ensuring fair results from divorce mediation or litigation. For example, one spouse’s argument may appear solid at first but entail huge tax implications for the other spouse should they agree. Consulting with the proper experts prior to agreeing to proposed financial terms can potentially save a tremendous amount of money in the long run.
Potential Consequences for Lying in a Divorce
By far, the most common reason for divorcing spouses to falsify information provided during their divorce cases is financial gain. Some may not wish to part with certain assets or properties. Some may attempt to hide assets to pay less child support and/or alimony. Others attempt to obfuscate the facts to avoid long-term financial commitments to their former partners or to secure greater parental rights.
No matter the reason why a divorcing spouse would lie in their divorce case, the consequences for doing so can be dramatic. At the very least, the spouse who falsified information during the divorce case will have a severely weakened bargaining position as the case unfolds and may even face criminal prosecution for fraud. This, in turn, can have a snowball effect, limiting their ability to argue for child custody or reduced support payment obligations.
Modifying a Divorce Agreement
It is not uncommon for a person to complete the divorce process only to later discover that their ex lied or falsified information during their divorce proceedings, leading to an unjust result. Family law is unique in that the members of a family law matter have the option of revisiting their agreements in court in light of life events and major changes. For example, if a divorcing parent is paying child support and loses their job, they may file a post-judgment motion to reduce their child support obligation until they find new work.
If you discover your ex was untruthful in any way that affected the outcome of your divorce case, consult a San Diego divorce lawyer as soon as possible to discuss your legal options. You can revisit your divorce agreement through a post-judgment motion to bring this newly discovered evidence into play. A good attorney may also assist you in preparing additional legal actions if necessary, such as a civil claim against your ex for fraud and/or breach of fiduciary duty.
Find Your Legal Representative Today
Encountering falsehoods and misrepresented facts in a divorce case can be tremendously disheartening and frustrating. Ultimately, the best remedy to this kind of situation is reliable legal counsel you can trust to guide you to a satisfactory outcome. The right attorney can identify inconsistencies and discrepancies in your divorce case, consulting with the appropriate experts when the facts don’t align, and further close review is necessary.
Attempting to handle a difficult divorce without legal representation is a bad idea, especially when you believe your spouse has falsified information material to your divorce proceedings. Hiring the right attorney can prevent not only such issues from occurring in the first place but also provide measured and reliable counsel when they come to light, either during or following a divorce case.
If you are ready to discuss your legal options for divorce, contact Bickford, Blado & Botros today and schedule a case evaluation with our team. If you are concerned about your soon-to-be ex-spouse’s truthfulness in your divorce proceedings, our team can help you identify the obstacles and opportunities you are likely to encounter in your case.
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