Legal Question in Family Law in Florida

Lying to/in Family Court

My spouse has filed for a devoice and in documents that she has provided to the court and that I have received from her attorney she is making misrepresentations and outright lying to the court.

What motion is used to bring this situation to the attention of the court?

Thank you


Asked on 8/14/07, 10:07 am

4 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Lying to/in Family Court

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

There is no need to file any motion of your own. Simply file a response to her motion and give your view. At the hearing on the motion(s) you can point out any false statements or allegations. It will be up to the court to decide who is being truthful or accurate.

Scott R. Jay, Esq.

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Answered on 8/14/07, 10:40 am
David Slater David P. Slater, Esq.

Re: Lying to/in Family Court

Without reading the document no one can properly answer.

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Answered on 8/14/07, 10:40 am
Michael Stewart Michael D. Stewart

Re: Lying to/in Family Court

You should probably get a Florida lawyer to handle this for you if you are in South Carolina.

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Answered on 8/14/07, 1:03 pm
Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Lying to/in Family Court

You can file a Rule to Show Cause (contempt action) to ask the Court to punish her for violating an Order and/or you can file a Motion for Sanctions if you can prove that she knowingly lied or provided false information.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 8/14/07, 2:24 pm


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