Lies in Discovery and Request for Admission

[mateague]

What is the name of your state? Oklahoma

I'm currently in the divorce process. In my STBX's discovery to me, and her request for admission, I have clear, written evidence of her lying about a matter of importance.

I withdrew some 401 K funds from my account. Her signature and/or consent was not required. I have a copy of the loan application that shows her signature was not required. However, she continues to maintain that it was, and has listed that as a complaint in the interrogatories. She alleges that I forged her signature on the documents.

Since these have been entered as legal documents into the system, does this constitute perjury...libel?

I'm hoping to find a lawyer to discuss this, and persue legal proceedings against her if it is.

Any thoughts?

 

[stealth2]

Brilliant - ramp up the animosity even more. All it is going to be taken as is an error on her part and that's it. Fact is - the 401k is a marital asset. Your withdrawal of fund can and should be noted for the purposes of property settlement.

 

[mateague]

Hmmmmmmm...let's see. Defending myself against someone whose broken the law is perceived as ramping up the marital/divorce tensions? Not sure what your qualifications are, or angle is but most of us are just looking for honest answers to serious questions.

Yeah, 401 K plans are part of the marital assets, and will be divided in most cases.

Anyone else have an non-smart a**ed answer to this problem?

 

[LdiJ]

Hmmmmmmm...let's see. Defending myself against someone whose broken the law is perceived as ramping up the marital/divorce tensions? Not sure what your qualifications are, or angle is but most of us are just looking for honest answers to serious questions.

Yeah, 401 K plans are part of the marital assets, and will be divided in most cases.

Anyone else have an non-smart a**ed answer to this problem?

You didn't get a smart a**ed answer...you got a REAL answer. You are inquiring about perjury charges because she believed/believes that you needed her permission.....and YES, you ARE ramping up the tensions. Attempting to prove "perjury" is ramping up the tensions. All you need to do is prove her wrong...if that is indeed the case.

 

[Susie39]

discovery lies

I noticed your post on discovery. I am seeking information as to what happens in a discovery session. Was informed that there is a generic list of 40 questions that are used. Could you please tell me what happens at one of those sessions? Sure would appreciate it.

 

[stealth2]

I noticed your post on discovery. I am seeking information as to what happens in a discovery session. Was informed that there is a generic list of 40 questions that are used. Could you please tell me what happens at one of those sessions? Sure would appreciate it.

You'd be best off starting your own thread, Susie.

 

[mateague]

Susie...The discovery process does seem mostly generic in nature. How much you make...employer...assets...etc. However, any questions pertaining to the case can be asked.

The request for admissions is more pointed. Specific questions about your behavior, actions, and their effect on the case are what you'll likely see.

In speaking with several lawyers, it appears outright lying (even under oath) is fairly commonplace in divorce. The best approach is to simply tell the truth, and hope the lies are revealed (if necessary) somewhere in the process.

Re-post if you have any other ?'s.

Good luck!