Legal Question in Family Law in California
I am in the middle of a divorce in Rancho Cucamnga family court.
I live in Indiana, where my soon to be ex lived prior to moving to Ca for career advancement. We have a house the was a joint residence and is currently where I reside. Furthermore, upon moving to Ca, she left her son in Indiana with me, with the knowledge that her son was going to finish his last two years of high school and then her son and I would move to Ca to join her. Her son, who failed school, now is in Ca in a military academy. He wants no contact with his biological father.
My soon to be ex has lied under oath on numerous areas from alleged spousal abuse, her income, and payments that she supposedly made towards her son's education.
My questions are:
1) Does the court listen to such arguments during trial and does it have any effect on the outcome?
2) Will the court ask someone...ie the district attorney to file perjury charges against her or do I have to request this through my attorney or on my own?
3) Lastly, prior to my wife asking for a divorce, I signed for a line of credit on our home. Once the loan was signed, two weeks later, she said she wanted a divorce. While going through paper work to prepare for my divorce, I discovered that she actually saw a lawyer 3 weeks PRIOR to me signing for the loan. Am I responsible for ANY portion of the loan if:
1) A paper work can be established that she spent 99% of the loan on her son's education and herself..ie electronic equipment, nails done...etc.
2) Could this be considered an act of fraud or perjury?
One of the things she perjured herself in court is, she claims that she saw a lawyer, notified me that she wanted a divorce, and then I signed for a loan. In that order. Obviously, I would never sign for a loan if I was getting divorced.
Thank you for any assistance that you maybe able to provide.
Pete Simnick
1 Answer from Attorneys
I hate to tell you this but no one ever gets in trouble for lying in family law court. That's just the way it is, so forget about that.
As to filing for divorce after you signed for a loan, show the evidence to the judge. I believe that she at least breached her fiduciary duty to you. At the very least, she should be responsible for the loan.
At any rate, expose her lies to the judge when it comes time for trial, and the judge will rule in your favor.
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