Perjury

By Aaron Bundy

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Family Law

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Last Modified on May 05, 2026

Sitting in a deposition or a courtroom during a family law dispute and hearing your soon-to-be ex-spouse say something that is completely, fundamentally untrue can be an infuriating experience. An immediate, natural reaction is often one of profound betrayal and anger. You might think, “That’s a lie! I want them charged with perjury!” You might even wonder why their attorney allows them to say it, and want the attorney charged, too.

It is completely valid to feel outraged when the truth is distorted. However, as your case moves forward, it is crucial to understand the gap between a frustrating courtroom disagreement and the actual, criminal act of perjury.

This blog will break down exactly what perjury means under the law, why most conflicting testimony does not qualify as a crime, and where you should be focusing your energy to get the best possible outcome in your divorce.

Defining Perjury

To understand why perjury is so hard to prove, we have to look at the definition. The laws in Oklahoma, Arkansas, and Missouri share common threads, but they all highlight just how narrow this criminal charge really is.

• Oklahoma Under Okla. Stat. tit. 21 § 491, perjury is defined as making a statement under oath, affirmation, or other legally binding assertion, that you know or do not believe to be true, in order to avoid or obstruct the truth.
• Arkansas Under A.C.A. § 5-53-102, a person commits perjury if, in an official proceeding, they knowingly make a false material statement under an oath required or authorized by law.
• Missouri Under Mo. Rev. Stat. § 575.040, a person commits the offense of perjury if, with the purpose to deceive, he or she knowingly testifies falsely to any material fact upon oath or affirmation legally administered in any official proceeding.

The Narrow Scope of Perjury

When you read those statutes carefully, you will notice a few highly specific words: knowingly, deceive, material, and fact. These words create a very high bar. For a statement to be considered perjury, it must meet all of the following criteria:

1. It Must Be a Fact, Not an OpinionOpinions cannot be perjured. In family law, a vast amount of testimony revolves around opinions and subjective feelings.
   • Opinion (Not Perjury): “She is a terrible parent who doesn’t care about the kids,” or “He is completely irresponsible with money.”
   • Fact (Potential Perjury): “I did not withdraw $10,000 from the joint checking account on May 12th,” when bank records, security camera, and witnesses unequivocally show they stood in the bank and signed the withdrawal slip.
2. It Must Be an Intentional Lie, Not a Mistake

   The person testifying must know the statement is false at the exact moment they say it. Human memory is notoriously flawed, especially during highly stressful, emotional, and traumatic life events like a divorce. If a spouse genuinely remembers an event happening on a Tuesday, but it actually happened on a Thursday, that is a faulty memory, not a crime. The law requires intent to deceive.

3. It Must Be “Material” to the Case

   The lie must matter to the outcome of the proceeding. A “material” fact is one that could substantially affect the judge’s decision. Lying about what color shirt you were wearing during an argument last year is technically a false statement, but it is not material to a child custody determination or asset division.

Why Conflicting Testimony is Usually Not Perjury

You might wonder, “If I say the sky is blue and they say it’s red, one of us has to be lying, right?” Not necessarily, either for court or in human psychology.

Two spouses can live in the same house for fifteen years and walk away with entirely different, yet genuinely held, beliefs about their marriage. One spouse might truly believe they did the “lion’s share” of the child-rearing because they managed doctors’ appointments and school enrollments. The other might believe they did the lion’s share because they coached the sports teams and did the bedtime routines.

When they both testify to these conflicting “truths” under oath, neither is committing perjury. They are simply viewing the exact same history through two entirely different emotional lenses. Family court judges are incredibly accustomed to this. They expect two warring perspectives; it is the very nature of litigation.

A Note on Opposing Counsel: Lawyers rely on the information their clients give them. Unless an attorney has concrete, undeniable proof that their client is about to lie about a material fact, they are ethically bound to advocate for their client’s perspective. Stating a position in court that you disagree with is not “suborning perjury.” it is actually legal advocacy. Click here to read about the Litigation Privilege

Why Perjury Charges Are Very Rare in Family Law

Clients are often shocked to learn that people are rarely prosecuted for perjury in family court, even when a lie is uncovered. Here is why:

1. The Burden of Proof: Family court is a civil proceeding, where the standard of proof is usually a “preponderance of the evidence” (meaning it is more than 50% likely to be true). Perjury is a separate criminal charge. To convict someone of perjury, a prosecutor must prove the lie was intentional and material beyond a reasonable doubt. That is the highest burden in the legal system. And prosecutors have untouchable discretion about whether they choose to file a charge or not.
2. It Isn’t the Judge’s Job to Prosecute: A family court judge handles divorces, custody, and support. They do not have the power to criminally charge your spouse. That power belongs to the local District Attorney or prosecutor.
3. Prosecutorial Resources: District Attorneys are tasked with prosecuting violent crimes, thefts, and major frauds. They rarely have the time, funding, or resources to launch a criminal investigation into a “he-said, she-said” dispute stemming from a contentious divorce.

What You Should Focus On Instead

Fixating on the word “perjury” is a trap. It drains your emotional energy and distracts you from the actual goal: getting the best possible outcome in your case. Instead of trying to put your ex in handcuffs, focus on more effective strategies:

• Impeaching Their Credibility: This is the legal tool you are actually looking for. If your spouse lies on the stand, your attorney’s job is to catch them in that lie using hard evidence (like texts, emails, or bank statements). When a judge sees a witness caught in a blatant falsehood, the judge can choose to disregard everything else that witness says. You don’t need a criminal conviction; you just need the judge to stop believing them because they are demonstrably wrong.
• Gathering Bulletproof Evidence: The best antidote to a fabricated story is a paper trail. Spend your time compiling organized, unalterned, objective documentation. Let the documents speak the truth so you don’t have to rely on competing memories.
• Trusting the Judge’s Experience: Family court judges listen to people stretch the truth, minimize their faults, and exaggerate their virtues all day, every day. They have highly tuned radar for nonsense. You do not need to scream “perjury” for the judge to realize that a witness is being dishonest.

It is painful to hear your character attacked or the facts of your life distorted. But by letting go of the pursuit of a criminal perjury charge and focusing instead on strategic, evidence-based litigation, you empower yourself to navigate the legal system successfully and secure a just outcome.