How Lying About Adultery Can Ruin Your Case
It’s true that mundane adultery does not necessarily affect custody arguments … but sometimes it does. The problem with adultery is that it is dishonest, and this makes the adulterer a liar. The tendency to lie is often not limited to a few instances of bad conduct. One lie often requires ten more to perpetuate the false story. That is where adultery becomes a trap for the unwary in a divorce case.
Why Is Discovery Important For Your Divorce Case?
An important aspect of any divorce case is discovery. Discovery is the exchange of information between the parties. This information relates to the finances and conduct of the parties, among other issues. When a party is served with discovery in the form of written questions, depositions, or requests for documents they are COMPELLED (read: required, commanded, ordered, forced) to respond under oath and under penalty of perjury. (Perjury is lying under oath, and it is a crime, punishable by imprisonment.) In other words, the party responding to discovery must tell the truth in response to every inquiry if that party’s lawyer cannot raise a valid objection to the question.
Why Is Lying So Detrimental In Your Divorce Case?
When questioned about their affair, it’s tempting to lie. Lying includes failing to tell the entire truth or omitting aspects of the truth. Recall Bill Clinton’s famous, “I did not have sex with that woman Monica Lewinsky.” This seemingly harmless white lie in a discovery response is like a sleeping snake; it is harmless until someone starts poking at it. The liar may get away with it, or it might come up when they least expect it and be detrimental to their case.
Let’s suppose one spouse has committed several acts of adultery during the marriage. But, she denies any it during the case. And then, suppose her spouse finds several different lovers willing to come forward and admit to their sexual misconduct with the cheater. The cheating spouse has now been caught in a lie. And lying under oath is a crime called perjury.
You should always tell the truth when you testify. If you don’t want to tell the truth, then you need to avoid testifying, and that means settling your case without going to court. Your lawyer can help you manage bad facts, but lying under oath is going to majorly hurt your case. So, be cautious; be smart; be truthful.
Read HERE about how adultery, in general, can affect your divorce case.