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Can a written statement from my former employer be used to impeach me at a divorce trial

Portland, OR |

I claimed I worked there for 4 years but I actually only volunteered for 6 months.

Attorney Answers 2


It depends how it is used. If they simply try and enter the written statement from the employer as evidence, you can object to the document as hearsay. Then the Court decides whether to accept the evidence and may refuse to accept the document as evidence. However, there are lots of exceptions to the hearsay rule. Depending upon the way they attempt to use the statement, the Court may allow the document to be used to impeach your credibility. (make you look less than truthful in hopes of making your ex more believable).

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Hearsay cannot be used substantively (that is, in a party's case-in-chief), but it can be used to impeach you. Note that if you give false testimony under oath, you can be criminally prosecuted. You need to consult with an attorney in private about this issue, and be totally honest with them.

Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: | Online:

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