In this video, family law attorney Sina Mohajer discusses what is perjury, and what happens if your ex spouse committed perjury in a divorce trial, and what kind of effect does that have on the divorce proceedings?

If you have any questions or would like to speak with a skilled attorney about family law and the divorce process, contact Mohajer Law Firm today at (626)569-5200.

Transcript:
Let’s say you’re in the middle of a divorce trial and things are looking good, you’re thinking you’re going to get pretty much what you’re asking for from the judge. But then all of a sudden, your spouse, or ex-spouse, lies. What does that mean? What kind of effect does that have on the case?

Well, if someone’s lying, they committed perjury. What is perjury? What does it mean when it’s under the penalty of perjury and when you take an oath in court?

Hi, I’m Sina Mohajer. I’m a family law attorney practicing in the Greater Los Angeles County since 2012. I’ve been a contributing member of the Los Angeles County Bar Association and I’ve been rated by Super Lawyers since 2019.

Perjury While Testifying in a Divorce Trial

Now, the term perjury, it means when you take an oath in court, you swear to tell the truth, the whole truth, and nothing but the truth, so help you God. And when you break that, that’s called perjury, which is a criminal offense by the way.

Proving Perjury Via Impeachment

So, when you do commit perjury in court, one. you’re gonna have to prove that the other side has done it. And usually, you do this through what they call impeachment. You provide some type of document to prove that what they just testified to, under oath, was not the truth, was not the whole truth, or that they were misleading or exaggerating in any way shape or form.

Credibility

But what kind of effect does that have on your family law proceeding? Well, it really comes down to credibility. If the court finds that the other spouse has lied, their credibility is just shot. Now, your credibility is still intact because you’re not committing perjury. You’re not exaggerating or embellishing. You’re being straightforward and you’re telling the truth to the best of your ability.

So, when credibility comes into play, the court really only looks at one side when determining what to order as far as the divorce is concerned. And if you’re the only one telling the truth, well, the court only has your information to go off of. The other side has lied. That information is no use.

Help With Your Divorce in California

If you’ve got questions about your case, or you’d like to explore different avenues, or how to even prepare for a trial, and you might need legal representation, feel free to reach out to our office. We offer a free initial consultation and I’ll be happy to sit with you one-on-one.