Even young children understand that lying is wrong, but when you lie under oath, there can be legal consequences. The term “perjury” refers to lying in certain legal proceedings.
During your divorce, you might have to swear that the information you provide will be factual. What happens if you lie under oath in family court or if your spouse misreports the facts during divorce mediation? It’s important to know that perjury generally involves statements made under oath (or in certain written statements signed under penalty of perjury). A lie during mediation is still serious and can backfire, but it isn’t automatically “perjury” unless it’s made in a sworn setting or sworn document. Our Board Certified divorce lawyers at Mims Ballew Hollingsworth in Southlake can explain how perjury laws apply to your case.
Perjury in Texas divorce cases includes lying about assets, income, or misconduct. Consequences include case dismissal, fines, criminal charges (Class A misdemeanor), loss of credibility with the court, and revised unfavorable rulings. Evidence like financial records or digital communications can expose false statements. Judges may impose sanctions or refer cases for prosecution under Penal Code §37.02.
What Constitutes Perjury in Family Law?
According to Texas Penal Code §37.02, perjury occurs when someone knowingly makes a false statement under oath with the intent to deceive.
In divorce and family court cases, alleged perjury most often comes up in:
- Court testimony
- Depositions
- Sworn affidavits or declarations signed under penalty of perjury
- Financial disclosures that are verified/sworn (depending on the form used in your case)
This offense can also apply to an unsworn declaration, which Texas Civil Practice and Remedies Code §132.001 defines as a written statement signed under penalty of perjury. Common examples include written statements filed with the court that end with language like “I declare under penalty of perjury…” If a document is sworn/verified, inaccuracies can create major credibility and legal problems. A signed agreement for the fair division of marital assets could fall under this category.
Spouses may commit perjury in divorce cases for several reasons. Financial motives are common; a spouse might hide assets to avoid dividing them or underreport their income to reduce spousal or child support payments.
Child custody is another common motive. A parent might lie about the other spouse’s or their own actions in an attempt to gain custody of their children. Some people lie out of spite, making false claims to emotionally wound an ex-partner or get them in legal trouble.
The Ramification of Lying Under Oath
Lying on divorce papers or in court can result in serious consequences. What is the penalty for perjury in family court?
Under Texas Penal Code §37.02, perjury is considered a Class A misdemeanor, the most serious misdemeanor classification. A conviction can result in fines or jail time, including a fine of up to $4,000 and a jail sentence of up to one year.
When a false statement made in court has a serious impact on the outcome of a case, this is considered aggravated perjury. Courts focus on whether the false statement was material, meaning it could realistically affect the outcome (not a trivial mistake). This crime is a third-degree felony and may result in fines of up to $10,000 and prison time of up to 10 years. Of course, this type of perjury only occurs in a divorce that goes to trial.
What’s More Common in Than Criminal Charges
Even when criminal prosecution doesn’t happen, lying can still lead to serious case consequences, such as:
- Loss of credibility with the judge
- Sanctions or attorney’s fees
- Orders to produce more documents (or comply with stricter discovery)
- Unfavorable findings on disputed issues (property value, income, parenting concerns)
- In some cases, a court may revisit certain decisions if deception is proven and it affected the outcome
Unmasking the Truth: Tactics for Proving Perjury
If you believe your ex has lied during your divorce case, the next step is figuring out how to prove perjury in family court. A talented divorce lawyer can offer legal assistance, but proving perjury isn’t always easy.
Proving perjury (or other serious dishonesty) usually requires showing: (1) the statement was false, (2) it mattered, and (3) the person knew it was false. Attorneys often look for proof through:
- Financial records (bank statements, credit card records, tax returns, payroll)
- Discovery (requests for documents, written questions, depositions)
- Subpoenas to employers, banks, or third parties
- Digital evidence (emails, texts, social media, app data—when legally obtained)
- Witness testimony that directly contradicts the claim
To protect against perjury and maintain case integrity, attorneys employ thorough pre-trial discovery, including depositions and document requests, to solidify testimonies early on. They carefully prepare witnesses and use cross-examination to highlight discrepancies. Discrediting dishonest testimony involves presenting direct contradictory evidence and challenging the witness’s credibility. Careful record-keeping and strict adherence to procedural rules can ensure a defensible case, minimizing manipulation and misrepresentation.
Honesty in Documentation: Safeguarding Legal Processes
For the court to make fair decisions regarding the division of assets, child custody, and support payments, both parties must provide accurate information. Figuring out how to prove someone is lying in family court may not be easy, but it is critical to fair and just outcomes.
Practical Ways to Protect Yourself if You Suspect Dishonesty
- Save original documents (PDFs, statements, screenshots with dates)
- Keep a timeline of key events and claims
- Don’t retaliate or exaggerate—focus on verifiable facts
- Ask your attorney about targeted discovery (bank records, payroll, tax returns)
- Be cautious about recording or accessing accounts—do it legally and with guidance
Seek Trusted Legal Guidance From Mims Ballew Hollingsworth
Committing perjury in family court is a serious offense. If you can prove that your spouse willfully lied under oath, you may achieve a better result in your divorce case.
The seasoned attorneys at Mims Ballew Hollingsworth can help. Contact us now to schedule a consultation and discover the benefits of legal representation.
FAQs about Perjury in Divorce Cases
What Is Considered Perjury in a Divorce or Family Court Case?
Perjury occurs when a person lies under oath as part of a divorce, child custody, or support proceeding.
What Are the Potential Legal Consequences of Committing Perjury in Family Court?
The penalties for a Class A misdemeanor like perjury may include fines not to exceed $4,000 and jail time of no more than one year.
What Measures Can Be Taken to Protect Oneself Against a Lying Spouse in Family Court?
Evidence like accurate documentation, written or recorded messages from your spouse, and witness testimony can prove that statements made by another party are false.
How Can Lying on Divorce Papers Impact the Outcome of a Case?
In addition to criminal consequences for perjury, a judge in a divorce case may award the truthful spouse more favorable terms.
Is lying during divorce mediation considered perjury in Texas?
Not usually. Perjury typically requires an oath (or a written declaration signed under penalty of perjury). A lie in mediation can still damage credibility and lead to tougher discovery or court scrutiny, but it isn’t automatically a criminal perjury issue unless it’s tied to sworn statements or sworn filings.
Is it perjury to lie on a financial affidavit or inventory in a divorce?
It depends on whether the document is sworn/verified or signed under penalty of perjury. If it is, knowingly false statements can create serious legal consequences—at minimum harming credibility and potentially leading to sanctions, fee awards, or other remedies.
What’s the difference between perjury and “fraud on the court” in a Texas divorce?
Perjury is a criminal concept focused on knowingly false statements under oath. “Fraud on the court” is a broader idea used in civil cases when deception interferes with the court’s ability to make a fair decision—often addressed through civil remedies like sanctions, fee shifting, and (in rare situations) post-judgment relief.
Will the judge report perjury to the district attorney?
Sometimes a court may refer matters, but many divorce cases are handled through civil consequences (sanctions, attorney’s fees, credibility findings) rather than criminal prosecution. If a judge believes intentional dishonesty affected the case, it can still significantly impact the final result.
How do you prove the other party knew the statement was false?
Proof often comes from documents, timelines, and contradictions—for example, tax returns that conflict with claimed income, bank records showing undisclosed accounts, or messages showing the person knew the truth. In many cases, the key issue is intent: whether it was a mistake or a knowing misrepresentation.
Can a judge penalize a spouse for lying even if no criminal charges are filed?
Yes. Even without criminal charges, a judge can consider dishonesty when evaluating credibility and may impose sanctions, award attorney’s fees, or make unfavorable rulings on disputed issues like income, property values, and parenting concerns.