If you are in the midst of a divorce that is less than amicable, it is easy to assume the us or them mentality. This is because the grounds for your divorce, the separation, and the subsequent legal proceedings can be very emotional driven affairs. Unfortunately, this type of mentality can lead to you being less than truthful and this could land you in serious hot water. If you do not want to trade your divorce lawyer for a criminal lawyer, here are a few things you may want to consider before you choose not to tell the truth.
What Is Required?
When you divorce, it is required by law that you each honestly disclose all of your information pertaining to your finances. These include:
- Income
- Assets
- Expenses
- Debt
- Other Liabilities
If your divorce is contested, each of you will be required to sign the Financial Affidavit stating that you are swearing under oath that the information you are providing to the court is true. This document is designed to help the court make informed decisions when it comes to financial settlements such as alimony, child support, and the division of certain assets. Although it may be tempting to fudge these numbers a little to put yourself in a better position during settlement, this is not advised.
What Can Happen?
If you choose not to take this advice, and your spouse or their divorce lawyer, is able to show that you what you have filed with the court is not a correct document, you can face some very serious consequences. These vary from state to state, but they could lead to you being charged at the very least with contempt of court. The penalties for being found in contempt can range from fines all the way up to jail time.
For example: If the court desired, it could force you to pay the attorney fees of your spouse along with additional fines or it may choose to sentence you to 30 days in jail. If nothing else, it can place you in the precarious position of having the court not believe anything else you or your attorney submits to the court.
Speak with a divorce attorney, like one from, Workman Law Firm, about any information you are asked to disclose throughout the proceedings. They should not only be reviewing this information, but they will probably want to retain a copy of it in your file. They will give you good advice that will keep you from needing a criminal lawyer.
