Legal Question in Family Law in New York
Can I Make A Claim Based On Perjured Statements
i've been representing myself pro se in a divorce action which was initiated by my spouse in Mar 2006.
i have accumulated documents and bank statements, and additionally have deposed testimony from her that shows several cases of false or omitted testimony regarding income, existance of savings accounts, checking accounts, investment accounts, ira and insurance accounts, and alsocthe closing of these accounts and the subsequent transferrance of the funds in them to other third party accounts in what seems to be, not only an obvious attempt at destruction in contemplation of divorce action, but an attempt to hide them from the courts equitable distribution.
these revelations came as a result of her finally submitting bank statements after repeated requests, and under deposition ordered by the court.
am i entitled to make a claim for favorable distribution based on her attempts to circumvent applicable domestic relation and civil laws?
am i entitled to press for show cause as to why she should not be brought up on perjury and willful attempt at violation of applicable drl and cprl articles?
if so, do i need to make these motions or show cause actions in writing before the trial?
thx
1 Answer from Attorneys
Re: Can I Make A Claim Based On Perjured Statements
It's all part of the litigation game. Your efforts to have the matter referred to the DA for perjury prosecution will be disallowed.
On the other hand, you can bring a claim for sanctions against her for false submissions to the court. This must be done before the end of the trial and are best brought before the trial.
Why is there going to be a trial? These financial matters are usually settled by the court without recourse to a trial.
I must recommend that you engage an attorney. A contested divorce with complex financial issues is best handled with benefit of a lawyer. It may seem to you that you have everything under control, but it is clear even from your question that there are problems here.
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