Yes, parties should be completely truthful in their divorce case and should not mislead the court, the other party or their attorneys. It is illegal to lie or mislead the court. A party should never intentionally make any false statements in court papers, including discovery, or when testifying in court. Your attorney should not assist you in making false statements and if your attorney discovers that you have made false statements to the court or in discovery, your attorney should correct those statements. There is a misperception among some members of the public that an attorney’s role is to assist her client in misleading the other party in a court case. Making false statements will most likely cause a party to lose credibility which will negatively impact his case. For example, if a wife makes false statements regarding her income the judge is likely to view her in a negative light and that could affect how the judge rules regarding maintenance (“alimony”) and even child custody and visitation. Of course, some aspects of a divorce are not black and white and each party may be entitled to their perspective, within reason.
Order of Protection for Domestic Violence
Unfortunately, some Chicago divorces or Chicago child custody disputes involve domestic violence. When domestic violence, or the threat of domestic violence, occurs a victim may petition the court for an order of protection. An order of protection is a court order...