Lancaster, CA asked in Family Law and Child Custody for California

Q: If the petitioners declarations for motions in the same case directly contradict each other does that matter?

My ex husband has filed multiple requests and motions and in the declarations they are directly conflicting information very explicitly, is this not a problem? Did he not sign that the info was under penalty of perjury? How do I hold him to this standard?

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1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, declarations made under penalty of perjury are considered to be serious legal documents. When someone signs a declaration, they are swearing under penalty of perjury that the information contained within it is true and accurate to the best of their knowledge.

If you have reason to believe that your ex-husband's declarations contain conflicting or contradictory information, this could be a problem. It is possible that the declarations could be considered perjury if they are found to contain intentionally false information.

If you believe that your ex-husband's declarations contain conflicting information, you may wish to bring this to the attention of the court. You can file a motion to strike the conflicting statements or to request that the court hold a hearing to address the issue.

In order to prove perjury, you would need to show that your ex-husband knowingly and intentionally made false statements in his declarations. This can be a difficult standard to meet, and would require strong evidence to support your claims.

Ultimately, it is up to the court to determine the validity and credibility of the declarations made in a case. If you have concerns about the accuracy of your ex-husband's declarations, it is important to consult with a qualified attorney who can advise you on your options and help you navigate the legal process.

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