what happens if you lie on sworn affidavit in family court.

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what happens if you lie on sworn affidavit in family court.

my husband filed and was granted divorce based on news paper publication. he lied that he does not know where I am. never made any effort to fid me. infact he emailed me divorce decree after 30 days our divorce was granted and he mentioned in the email that since I did not reply back he filed for divorce. but I have proof of communication that he knew where I was. and most imp thing is if he can email me a divorce decree, he can email me and ask for my current address

Asked on June 6, 2018 under Family Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) His lying can invalidate the divorce he was granted, since if he lied, there was no factual basis for service by news publication, and without a factual basis for that, there would have been no good or valid service.
2) He can be punished by the court ("contempt of court") for lying to it.
3) You could potentially recover from him the legal costs/fees/etc. you incur in challenging his false statement and having the divorce overturned. 
You should consult wth a family or matrimonial/divorce law attorney about taking action in this case; a lawyer's help would be very valuable and,  as stated, you may be able to recover at least some of the costs (those incurred due to his lie to the court) from your husband.
 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) His lying can invalidate the divorce he was granted, since if he lied, there was no factual basis for service by news publication, and without a factual basis for that, there would have been no good or valid service.
2) He can be punished by the court ("contempt of court") for lying to it.
3) You could potentially recover from him the legal costs/fees/etc. you incur in challenging his false statement and having the divorce overturned. 
You should consult wth a family or matrimonial/divorce law attorney about taking action in this case; a lawyer's help would be very valuable and,  as stated, you may be able to recover at least some of the costs (those incurred due to his lie to the court) from your husband.
 


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