Polygraphs may have earned their popularity from their widespread application in law enforcement. However, besides their use in criminal defense testing, lie detector tests can come in handy in several other scenarios.
That includes corroborating claims made during divorce proceedings.
When it’s your word against your partner’s, submitting to a polygraph test can help get to the bottom of the allegations and ensure a hassle-free divorce process.
But can polygraphs truly serve as legal grounds for divorce? Let’s find out.
Common Legal Grounds for Divorce and the Role of Polygraph Tests
Infidelity remains the leading cause of divorce in the United States and worldwide.
Love fades. But when it does, it’s best to rekindle the flames rather than seek satisfaction elsewhere.
Taking a lie detector test can help to investigate infidelity claims in a marriage. It enables the accused partner to potentially clear their name and the aggrieved party to find closure.
Note that cheating doesn’t always manifest in sexual contact. It can also present as seemingly innocuous acts like flirting with a coworker, engaging in cybersex, or indulging in pornographic materials while married to your current partner.
Common infidelity polygraph questions you may encounter include;
- Have you engaged in sexual contact with anyone else while married to your spouse?
- Have you lied to your partner about your whereabouts while you were with another man/woman?
- Have you secretly visited sexual chat rooms while married to your partner?
Depending on the outcome of an infidelity polygraph test, the couple might even choose to halt their divorce plans and pursue a path of reconciliation.
Below are other legal grounds for divorce, and how polygraphs may help;
1. Bigamy
While infidelity is distressing enough, bigamy is even worse. Finding that your spouse is legally married to someone else can bring your whole world tumbling down.
Bigamy has been outlawed in all U.S. states since the late 19th century. That includes Utah, which surprisingly reduced the offense from a third-degree felony in 2020.
Administering a lie detector test can help investigate bigamy claims, even if your spouse’s other partner is uncooperative.
2. Abandonment
After deserting their matrimonial home for months, your spouse got wind of the fact that you filed for divorce. They now contest your decision, vehemently disputing your abandonment claims.
Taking a lie detector test can strengthen your claims and help to legitimize the divorce.
3. Cruelty
Spousal abuse can blemish what used to be a picture-perfect marriage. Whether the cruelty is physically or mentally inflicted, it’s best to walk out before you become a grim statistic.
However, abusers rarely go down without a fight. They’ll deny all allegations and even attempt to gaslight you.
Taking a lie detector test can help get to the bottom of spousal abuse allegations during divorce by corroborating other pieces of evidence, such as medical records, police reports, and CCTV footage.
4. Substance Abuse
If you’ve filed for divorce on substance abuse grounds, findings from an addiction treatment polygraph may help your case.
Lie detector tests can establish whether your partner is irredeemably hooked on alcohol or drugs. While addiction therapy might help them recover eventually, the severity of their current condition may warrant a divorce.
5. Fraud
Your partner may have misrepresented certain facts to induce you to marry them.
If you discover the truth and reckon it’s best to go your separate ways, a lie detector test may help validate your claims. Whether they lied about their academic achievements, professional engagements, or family background, a polygraph exam can provide extra evidence to proceed with the divorce.
6. Mental Illness
Mental illness is another legitimate ground for divorce, where polygraphs may prove instrumental.
Lie detector tests are an effective tool in mental health treatments, helping to assess a patient’s recovery progress and recommend proper treatment plans. In divorce proceedings, polygraphs can validate claims of mental illness and potentially legitimize the process.
However, the severity of an individual’s mental condition determines whether they can be polygraphed. At the least, the examinee must be mentally aware of what’s going on to be deemed competent enough to take a lie detector test.
Grounds for Divorce Where Polygraph Tests May Be Unnecessary
While lie detector tests may help to investigate various claims during divorce, they’re not necessary in all circumstances.
You probably wouldn’t need a polygraph exam to file for a divorce on criminal conviction or impotency grounds.
The same goes for a marriage that’s irredeemably broken, and both mutually decide to call it quits.
Can Polygraph Tests Serve As Probative Evidence
According to an article on the U.S. Department of Justice website, many jurisdictions continue to disallow polygraph reports, not because Daubert standards are outdated, but because polygraph results often fail to consistently meet the Daubert criteria in judicial settings.
While the Daubert standard is widely accepted as the benchmark for determining scientific validity in U.S. courts, polygraph evidence still faces challenges under its framework. This is due to concerns over reproducibility, examiner variability, and the underlying assumption that physiological responses can reliably indicate deception.
As a result, lie detector tests generally cannot serve as probative evidence in criminal proceedings, unless both parties stipulate their admissibility in advance. In such cases, polygraph results are used to support or challenge witness credibility, but rarely as standalone proof.
However, polygraph results face a lower admissibility threshold in civil lawsuits due to the preponderance of evidence standard.
Validating Divorce Claims With Polygraph Tests
Lie detector tests can help to corroborate or impeach serious allegations during divorce proceedings. While commonly administered to investigate infidelity claims, polygraphs may also be applicable for divorces instigated by other factors like spousal abuse and abandonment.
However, both couples must wilfully submit to a lie detector test for the findings to be valid and morally defensible. Besides, polygraphs are particularly effective where one or both partners’ credibility has been severely attacked.
Remember to also observe other ethical practices while conducting divorce polygraph testing. That includes maintaining objectivity throughout the questioning, maintaining impartiality, and upholding the examinee’s rights to privacy.
