QUESTION

What will happen if he and his wife file a uncontested no minor children divorce but they have children in common?

Asked on Feb 17th, 2014 on Family Law - Florida
More details to this question:
The couple has two minor children but they agreed not to include them to expedite the process. Will the court find out on their own? Can they get in trouble for that?
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1 ANSWER

Personal Injury Attorney serving South Pasadena, FL at The Law Offices of Charles D. Scott PLLC
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Yes they would be in trouble, that would be fraud upon the court. At the final hearing one issue that must be testified to under oath is whether they have any minor children of the relationship. If they testify falsely they would be committing perjury, fraud on the court, and could be held in contempt by the judge. As such the only course of action is to include the children in the divorce pleadings, do the parenting plan, calculate child support and follow the law.
Answered on Feb 20th, 2014 at 4:10 PM

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