ARTICLE
8 November 2023

The Truth About Lying In Divorce Cases: Implications And Consequences

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Schiller DuCanto & Fleck LLP

Contributor

The Chicago law firm of Schiller DuCanto & Fleck LLP is one of the largest divorce and family law firms of its kind in the country. It is internationally recognized as a model for firms practicing family law and has a primary focus on helping affluent clients solve problems to achieve the best possible results. The firm’s mission of ensuring quality, knowledge and experience to their clients is evident through our wide range of services tailored to our clients’ unique needs.
Divorce is often one of the most emotionally charged and challenging experiences a person can go through. Emotions run high, and couples find themselves navigating a complex legal landscape...
United States Family and Matrimonial
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Divorce is often one of the most emotionally charged and challenging experiences a person can go through. Emotions run high, and couples find themselves navigating a complex legal landscape while dealing with the fallout of a failed marriage. In such turbulent times, it is not uncommon for individuals to resort to deception, but what many fail to realize is that lying during a divorce case can have serious implications that extend beyond mere delays and financial consequences.

Why Do People Lie?

The question of why people lie is complex and multifaceted. While there may be numerous reasons behind dishonesty, one thing is clear – during a divorce case, lying can exacerbate an already acrimonious situation, leading to costly delays and further strife.

Pathological Lying

Some individuals are pathological liars, a term used to describe those who lie habitually without remorse or awareness of the harm they're causing. For them, deceit is second nature, and they're often driven by self-interest. Many people lead their entire adult lives and marriages in this manner, using deception as a tool to manipulate situations to their advantage.

The Consequences of Lying in Divorce Cases

Lying may have served some well in other aspects of their life, but when it comes to the courtroom, there are mechanisms in place to expose falsehoods and deceit. Here are some ways in which lies can be uncovered during divorce proceedings:

  1. Discovery: Divorce cases involve a thorough examination of financial matters. Subpoenas, depositions, and forensic analysis can reveal inconsistencies and falsehoods in financial records, bank statements, and asset disclosures.
  2. Contested Parenting Investigations: In cases involving contested parenting matters, professionals like Guardians ad Litem and custody evaluators are often appointed to assess parenting abilities and determine the best interests of the child. Their investigations may reveal discrepancies in a parent's claims and behavior.
  3. Interviews with Third Parties: Teachers, doctors, nannies, and other third parties who interact with the family can provide valuable insights. These interviews can reveal inconsistencies and shed light on the truth.
  4. Psychological Evaluations: In high-conflict cases, psychological evaluations may be ordered to assess the mental and emotional well-being of the parties involved. These evaluations can uncover signs of deception.

The Damaging Effects of Lies

While some may be tempted to rewrite history during divorce proceedings, the courtroom is not the place to do so! Lying can have far-reaching consequences:

  1. Legal Consequences: Lying under oath or providing false information to the court is a serious offense that can result in perjury charges. These charges can lead to fines, sanctions, or even imprisonment.
  2. Delay and Increased Costs: Lies can prolong the divorce process, leading to increased legal fees and emotional distress for all parties involved. Delayed resolution can also hinder the healing process for those seeking closure.
  3. Erosion of Trust: Trust is already fragile in divorce cases, and lying further erodes any remaining trust between the parties. This can complicate co-parenting and future interactions.
  4. Impact on Children: Children caught in the crossfire of dishonesty may suffer emotional and psychological harm. Their well-being should always be a top priority in any divorce case.

Divorce is undoubtedly a difficult journey, and the temptation to lie may seem enticing at times. However, it's essential to remember that honesty is not just a moral imperative but a legal one as well. Lying during a divorce case can have significant implications, including legal consequences, financial burdens, and emotional strife. It is crucial for divorcing couples to prioritize transparency, open communication, and the best interests of any children involved. In the end, seeking the truth, even when it's painful, is often the best path toward a fair and just resolution.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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