What Should I Do if My Spouse is Lying Under Oath During Our Illinois Divorce Proceedings?

 Posted on February 13, 2026 in Illinois Divorce

Finding that your spouse is lying under oath during your divorce can be incredibly frustrating and even frightening. What if they judge rules in their favor? What if you have to live with an unjust divorce settlement for years to come?

If your spouse is being dishonest in your 2026 divorce proceedings, it’s important to proceed carefully. A St. Charles divorce attorney can help you get evidence and present the truth to the court without damaging your own credibility.

What is Perjury and What are the Legal Consequences in an Illinois Divorce?

"Perjury" is what courts call lying under oath. Under 720 ILCS 5/32-2, perjury is a Class 3 felony in Illinois. If someone is convicted of perjury, they could face two to five years in prison and fines up to $25,000.

Common examples of perjury in divorce cases include:

• Hiding bank accounts or investments
• Underreporting income or business earnings
• Lying about debts or expenses
• Claiming to own less property than someone actually does
• Making false accusations about abuse or neglect
• Misrepresenting employment status or benefits

Even if your spouse is never prosecuted for perjury, they can pay for their dishonesty. Judges may impose sanctions, award you attorney fees, or adjust property division in your favor if they find that your spouse lied.

How Can I Prove My Spouse is Lying Under Oath?

If you want to prove your spouse is lying under oath in your divorce, you need solid evidence. You cannot simply tell the judge you think your spouse is lying. You need documents, records, or other proof that contradicts what your spouse said.

Here are some types of evidence that may be useful:

• Financial documents like bank statements, tax returns, credit card statements, and loan applications
• Employment records, including pay stubs, W-2 forms, or benefits statements
• Property records showing ownership of real estate or vehicles
• Business records if your spouse owns a company
• Emails, text messages, or social media posts that contradict their sworn statements
• Witness testimony from people who have knowledge about the facts

Your attorney can also request formal discovery, which is the legal process of getting information during a lawsuit. Discovery tools include written questions your spouse must answer under oath, requests for documents, and depositions. This is where your spouse answers questions in person while being recorded by a court reporter. If your spouse refuses to give complete information or continues to lie, your attorney can ask the court to force them to comply.

Can I Use a Recording of My Spouse Admitting to Lying as Evidence?

Yes, if your spouse knows the conversation is being recorded. Of course, they aren’t likely to admit that they’re lying if they know they’re being recorded. If you use recordings that your spouse doesn’t know about as evidence, you may find yourself facing your own felony charges. Talk to your lawyer about the legality of any recordings you have.

Should I Confront My Spouse About Their Lies?

Confronting your spouse directly about lying under oath is almost never a good idea. If you tell them you know they are lying, they may destroy evidence, change their story, or create new lies to cover up the old ones.

Instead, work with your attorney to quietly put together a strong, evidence-based argument. Let your lawyer handle communication and strategy. They know how to use the legal system to expose dishonesty without tipping off your spouse.

What Should I Tell the Judge About My Spouse's Dishonesty?

Never accuse your spouse of lying in court unless you have strong evidence to back up your claim. Instead, let the evidence speak for itself. Your attorney will present the documents you gathered and give testimony that contradicts what your spouse said. Remember that making accusations that look false can backfire and damage your credibility, even if they are true.

Call a Kane County Divorce Attorney Today

If you believe your spouse is lying under oath during your divorce, you need an attorney who knows how to uncover the truth and protect your interests. Do not try to handle this situation alone.

Attorney Tim Weiler is a St. Charles divorce lawyer at Weiler & Associates, P.C. and is a Certified Financial Litigator with specific experience in complex financial matters in divorce. Contact Weiler & Associates, P.C. at 630-331-9110 today to discuss your case.