My ex has filed a Chapter 50 lawsuit against me but she did so stating she was/is unmarried. We were married in Costa Rica by a civil authority and I have found the marriage certificate in San Jose. It was never mailed to us but I have the original being mailed. It clearly states that we were married. I was informed by you last month that a marriage is recognized as legal from the date of the legal ceremony. By filing the Chapter 50 under a false premise, as being unmarried, is this perjury? There is a domestic violence issue as well associated with the custody, also stating we were/are unmarried. Is this by itself grounds for dismissal? This certificate and your advice allows me to be encouraged that the money I spent on her house is in effect marital property.
If your ex truly believes you were not married, her allegation that you were never married does not constitute perjury, and is not grounds for dismissal. You will have the opportunity at the return hearing to present your evidence of the marriage.
So a person who is not in command of their faculties cannot commit perjury, since they do not know right from wrong, or married from un-married. If she wore a wedding dress, toke an oath, exchanged rings in front of a civil authority, applied with me for a license and still “truly believes” she is not married, then I have grounds to remove the children from her presence since she obviously is not cogent to what constitutes a marriage. So in presenting my evidence, all the above plus the marriage certificate, what court would ever conclude that she did not believe we were married. I was faithful. I supported her. I helped her raise 4 daughters. Upon concluding that she should have known we were married, would she not then be guilty of a class II misdemeanor? This is important if not just for the fact that it establishes doubt in the rest of her allegations. Is this not true?
If she has valid reasons for believing you were not married, her statement to the court that her belief is as such is not perjury and it does not have any bearing on her ability to care for the children.