a straight up question? if my spouse lies on her application for divorce, and the lies are very obvious and transparent (3 phonecalls will verify that her statement is BS) does the application simply get thrown out, or do I have a chance to present a fresh, new and truthful case?
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Hi cyclegeek,
Somewhere on the application (the first page if it's an Ontario application) will show details on what a respondent must do regarding serving and filing an answer.
If you want to do this, I suggest you do this immediately. You only have 30 days from the date you are served with the application (60 days if served outside of Canada and the U.S.) to serve and file your answer. Otherwise, you will be noted in default and the applicant will be able to seek a summary judgment without your participation or knowledge of what is being sought.
Lindsay
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It really depends on what she "lied" about. Perhaps her perception of facts is just different from yours, or perhaps she just made an error on her documents. Smaller details, correct or not, may be considered minor to a judge and as such not worth wasting the court's and parties' time on. I think the most important thing a party could be misleading about is their financial information. Obviously how much a person makes is very important when it comes to support situations, and how much the party has in assets and debts will effect the equalization of property.
In a nut shell, if you can show the court that you have incurred significant legal costs as a result of preparing materials in response to your wife's incorrect information, it's possible that you may be awarded costs. This is only if, however, the matter goes to a motion. Costs cannot be awarded at case conferences or settlement conferences.. only at motions and trials.
Lindsay
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perception.
oh no, this is a real, all-out-bold-faced lie. In her petition, apparently, we split after I drunkenly assaulted her, and when I left the home inebriated, I was arrested for drunk driving and spent the night in jail.
1- no assault
2- no drunk driving
3-no arrest.
lie x 3 = no police record or involvment in this breakdown.
I hear perjury is a crime in this country.
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I can understand your frustration. There is nothing more upsetting than reading things like that about yourself, especially knowing that a judge will be reading it too.
I think the best thing you can do at this point is respond to her allegations, in detail, in your answer.
A judge will only order costs, through motion or trial, based on time (or unnecessary time) spent preparing or responding to materials and costs for legal fees. I personally have never seen or heard of a judge issuing costs for any other reason.
Regardless, you will not receive costs at a case conference. Only orders on consent can be made at case conferences.
Lindsay
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perjury
Hi,
I resurrected this thread about perjury.
It seems to me that people are filing falsehoods in sworn affidavits all the time without any kind of accountability.
When someone lies in a sworn affadavit (and it's not just a different interpretation of details), WHY IS IT OK????
Is there a legal body that can start making people accountable for this? Not only does it waste money with lawyers, but it also wastes court time.
I'd love to see this game playing loophole fixed!
What's the point of swearing the document if it's ok to lie in it?
dalia
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Ahhhhhh family law.
Truth be told, MOST of the time, the only people who read the affidavits are the Lawyers, and they do it, so that they can keep the parties arguing, so they can keep charging the big bucks.
He said / she said...BLAH!!!
The Judges don't care and they don't want to hear you arguing about it.
Fact is less than 2% of family law cases go to trial. The entire system is based on negotiations and settlements.
Definately answer the claims, but don't let it upset you too much. Judges/Lawyers/Law Clerks, etc., are all too aware of the manipulation and lies that flood the family law system.
Don't go overboard trying to prove she is lying.. it will drive you crazy. Your answer should look something like this:
(1) The Applicant's claim in paragraph 1 is false. See appendix "A". (Where the appendix is your CPIC).
Clear CPIC proves no criminal record... Done deal!
The "reasons" for the divorce are irrelevant in this country.
Good Luck
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Originally posted by representingself View PostThe "reasons" for the divorce are irrelevant in this country.
The courts don't care why; they are looking for a solution.
Keep your replies simple and do not stoop or appear to be stooping to the level of the ex. Simply state that paragraph so and so or statement whatever is false, and show in appendix exhibits your corroborating evidence.
Then move on to the issues at hand let the judge determine what is relevant, as much as it angers everyone of this blatant misuse of the system it does happen the judge's know it happens, but they are limited to what they can address and how they manage the little time they have for each case. They are only human's too, human's that change lives but humans none the less. Be the bigger person and stay focused that's the best advice.
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