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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27190
Experience:  Attorney with experience in family law.
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Follow up previous family law question,if in divorce trial

Customer Question

Follow up previous family law question,if in divorce trial my lawyer proves the submissions of my husband like separation date,community property already divided which is not,his false date of birth used to cheat me and government agencies,and more and are accepted can he be sued for damages or punished for perjury that is lying under oath,he probably did that thinking i would not get visa but i got tourist visa and can stay for atleast six months or more with permission of law and am here to hire lawyer and state facts.
Submitted: 4 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 4 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

The judge can choose to refer your husband to the district attorney for prosecution for perjury if he's found to be lying under oath. That is, however, very rare. In all court cases, each party walks in and tells a different version of the facts. The losing party can't always be prosecuted for perjury - our system just doesn't have the resources to do that. However, once the judge finds that your husband has lied about any statement made under oath, he can choose to disbelieve everything your husband says and accept your version of those facts instead.

When you respond to the divorce, you'll be able to state that the community property was NOT already divided, and you can list all the assets the two of you accumulated while married. If the judge sees that you're right and those assets haven't been divided yet, he'll award you your fair share, but that's not a separate lawsuit. It's part of the divorce.

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