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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 05-23-2019, 08:16 AM
Happyatlantic Happyatlantic is offline
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Default Credibility/Honesty in Family Court

Hi:

I would like an opinion. How do Justices in Family Law matters ascertain credibility/honesty when deciding a case?

I understand that perjury is rarely penalized as divorce/children etc. are mainly a he said/she said?
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Old 05-23-2019, 08:43 AM
iona6656 iona6656 is offline
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I haven't been through a trial myself...but I've read a lot of case law. And it seems like the judges basically say "I prefer the evidence of ......"

It's rare they call out anything like perjury, or anything else for that matter. You have to have done some pretty egregious stuff to get called out.
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Old 05-23-2019, 08:44 AM
rockscan rockscan is offline
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Judges base their decision on fact. If someone states something and have no proof, it is disregarded. For instance if someone says “they have not paid their support” and the opposing party comes with receipts the statement is disregarded. If someone comes and says “they abused me” they should have reports to the police and other measures.

It all depends on what they are claiming too. What are you worried about?
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Old 05-23-2019, 10:05 AM
Happyatlantic Happyatlantic is offline
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I am not because I told the truth; but, that's just me because I don't think dishonesty would work out for me as I don't have a good memory so lying and dishonesty would stress me out in a bad way so definitely not healthy.

What I am scared of is the judge and others believing my ex when I have the proof he is lying many times over and I mean SCARED.

I even hope I will get to present my evidence eventually.
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Old 05-23-2019, 10:22 AM
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Janus Janus is offline
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Quote:
Originally Posted by rockscan View Post
Judges base their decision on fact.
They justify their decisions based on facts. However, in my opinion, family law is mostly an exercise in credibility testing.

How is credibility ascertained?
1) Internal consistency: Your story does not contradict itself
2) External consistency: Your story does not contradict known facts
3) Common Sense: Your story doesn't have anything obviously stupid ("I took $100k in cash out of the bank because my ex told me after we separated that I should give that money to my parents because they are awesome")
4) Consistency with judge's concept of reasonable: Your story is consistent with what the judge would expect somebody to do
5) Your good looks: Yeah, it helps to be good looking, studies show that it makes you more believable
6) Your penis, or lack thereof: Men lie, especially ones who need to pay child support.


Different judges will weigh the various factors differently. Ideally, they would stick with 1-3, but 4-6 often play a role.
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Old 05-23-2019, 10:54 AM
rockscan rockscan is offline
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Quote:
Originally Posted by Happyatlantic View Post
What I am scared of is the judge and others believing my ex when I have the proof he is lying many times over and I mean SCARED.

You sound like my partner after he read the affidavit from his ex where she put in statements about abuse, failure to pay, refusing to spend time with his kids, spending money on himself and living the high life with me. Judge’s actually response was “this is irrelevant” “I don’t care if he goes to Jamaica every month, if he pays his cs its irrelevant” and my favourite “Im not writing that down, I have let you go on out of courtesy, none of this is relevant”.
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Old 05-23-2019, 12:11 PM
Happyatlantic Happyatlantic is offline
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I have noticed that some people come up with some real strange fantasies and if others don't fall for them, they better watch out because the insults start coming, even in affidavits.
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