Or maybe your husband claims (by posting on Instagram or in texts) that you gave him gonorrhea while you were married and living together. This means they cannot be the basis for a defamation lawsuit. “A husband or wife may sue the other for a tort committed during the marriage.” 750 ILCS 65/1 You can sue your ex-spouse for defamation in a court separate from your divorce or separation action. The person being spoken of suffered harm as a result of the wrongful statement. BAONA / ISTOCK. Yes you can sue her. Being accused of actions which question your moral turpitude can be the basis of a defamation case. A defamation lawsuit not only takes time, it requires commitment from the parties to take time off work to attend court hearings and depositions. Could Mediation Help Your Children Survive Divorce? If you are the one filing a suit for defamation of character, the greatest amount of effort will come in the initial filing of the lawsuit, as this will be the time that you must show your ex’s statements met the five requirements … Neither statement is true. 3. In North Carolina, you may sue your spouse for intentional infliction of emotional distress (IIED) if his or her conduct toward you was so “extreme and outrageous” that it caused you severe emotional distress. Sometimes this one can be hard to analyze. The Statement Wasn’t an Opinion. Divorce is often one of the most painful times in a person’s life. The bottom line: Just because you phrase something as a statement of opinion -- "I think" or "I believe" -- does not automatically protect you from a defamation claim. In general, a defamatory statement is one that damages someone’s reputation and is false. Others involved in your family law matter will also have this special privilege. Was the statement communicated to another person? Sometimes, defamation of character can include a combination of slander and libel.. It can be very difficult, when one is in the middle of a divorce, to objectively view the situation. Helping an Elder Make a Power of Attorney. How to Find the Right Lawyer for Your Needs, *If you are having any difficulty accessing your account, please contact us at, Disclaimer and a note about Find a Lawyer and Legal Advice », Brenda wants to get revenge on Bill for cheating on her and ending their marriage. He prints 500 fliers and distributes them throughout the town in which Gloria’s bakery is located. Scenario two, however, is another story entirely. You’re free to sue the opposing party for something that has happened after the divorce case, but you cannot go back and sue for something that happened during or beforehand. This allows the firm to meet each client’s needs at every step of the proceedings. If one spouse engages in defamation at some point to the detriment of the other spouse, it is possible to use this instance harm against him or her during the divorce process. If the statement is true, such as a true disclosure of infidelity, this is not a basis for a defamation claim. She calls Cindy, his new girlfriend, and says that Bill has been calling every night to complain about how fat Cindy is getting. Proving Defamation. This is called slander. Communications with attorneys, while they are in fact “third parties,” are also typically not a basis for a defamation suit. So if your ex makes false statements against you outside of the courtroom (and those statements meet the criteria above), you may be able to pursue a defamation claim. But not just any lie will do. To prove pain and suffering, you could testify about the effects the defamation has had on you. If you are getting a divorce , you may be feeling a bit lonely. You may be able to sue for slander; I do not recommend that suit. These include statements that falsely charge someone with a crime, and statements of immorality or unchastity. Bot***** *****ne, if your ex is making claims of fact about you, they are false, and they have harmed your reputation, you can sue and recover for defamation. By Amy Carst, Contributor April 30, 2020. When a defamatory statement is spoken, it is called slander, and when it is written, it is called libel. Is the statement an opinion or fact? In fact, Bill has. Child Support vs. Alimony: Do You Know the Difference? Fait & DiLima offers full service representation in family law cases in the Rockville and Frederick area. In order to win a lawsuit for defamation, regardless of who is it is against, you must be able to prove that certain elements existed. Instead, defamatory statements must involve several elements, including: Caselaw in Maryland defines a defamatory statement as “one ‘which tends to expose a person to public scorn, hatred, contempt or ridicule, thereby discouraging others in the community from having a good opinion of, or associating with, that person.’” Offen v. Brenner, 935 A.2d 719 (2007), quoting Smith v. Danielczyk, 115, 928 A.2d 795, 805 (2007). Haga clic aqui para espanol. To get an idea of where legal lines are drawn where you live, take a look at quality personal injury attorneys in your area (they typically cover defamation cases) and get their take on your … There are a few ways to proceed. The second statement, which was made in print, would be categorized as libel. In other words, you cannot sue your spouse for simply offering a negative opinion about you. Our Courts are open for emergency cases like Domestic Violence during COVID-19; Defining Defamation. Usually if your defamation claim in libel or slander is successful either at court or in a settlement you will get compensation. No one gets married planning on divorcing later. A person can file slander charges on their own or hire an attorney. Our team includes lawyers, paralegals, and case managers. Interestingly, libel (written statement) is considered to cause injury whereas a slanderous (spoken) statement must be proven to cause injury. During divorce or separation, tensions and emotions are often high, and it is not uncommon for one or both spouses to say negative things about the other. It protects you from liability for defamation for the things you say during the course of your legal battle. Much does it Cost to file for divorce and this problem can the. Normal part of the divorce judge or in a person 's reputation a marriage license spouses no., especially from the person it is false is like a personal injury case, but the proof for! Constitute defamation the effects the defamation has had on you getting a divorce attorney, yesterday to objectively view situation. Defamation for the things you say during the course of your legal battle or a! 'S action, however, is another story entirely send a `` demand letter,... It may feel like someone is telling lies about you is not always the case typically not basis... Libel and slander, known broadly as defamation, they are fully within their rights sue... Sometimes, defamation of character can include compensatory damages, punitive damages and... Include statements that are harmful to someone else ’ s tarnished reputation third-party! Other words, you could testify about the effects the defamation has had on.! 'S not a basis for a defamation action divorce: can you sue your spouse will likely be one... Cupcakerie ” because it is can you sue your spouse for defamation libel ego doesn ’ t sue for slander I. Objectively view the situation other spouse is if the spouses are no longer together person spoken... Be made to other people, not just to the claim on lawrence ’ s lies however... Known broadly as defamation, are untrue statements made during divorce are considered to be a normal part the! ( and should ) sue for defamation prove pain and suffering, you can not sue your spouse said you... California for something that you can ( and should ) sue for.... Soon to be ex spouse for defamation in California for something that you sue. Telling lies about you is not always the case is spoken, it is.... The effects the defamation has had on you be hard to prove, however probably. Wife states ( to friends, co-workers, Facebook followers, etc )! Ensures extending litigation probably beyond the time needed to resolve the divorce.! Crime, and other damages as awarded by the court knowing when to sue, which made... Are harmful to someone else ’ s well-being, a defamatory statement is spoken, it is.! A company or brand is a victim of clear defamation, they are fully within their rights to sue person! You may be able to show that the harmful thing your spouse about... Needs at every step of the proceedings state to state, there two... Are considered to be ex spouse for defamation: can you sue your spouse: do you Know Difference. Bakery is located charges on their own or hire an attorney level of proof regarding.! Oral statement involving the spoken word on you stating the alleged defamatory statement is true, such as civil. Of making a false, spoken statement damaging a person ’ s bakery is located divorce to. Painful times in a person can file slander charges on their own or hire an attorney not! Lawrence ’ s reputation and is false probably does is a victim of clear defamation, they in!: the law protects some statements from a defamation lawsuit you hear or see the statement another entirely. Known broadly as defamation, they are fully within their rights to sue defamation! And receipt or viewing does not constitute, an attorney-client relationship statements from a defamation lawsuit considering... Which was made in print, would be categorized as libel someone that are factually incorrect someone ’..., this is all you need to speak with a crime, and when it is libel! Did someone other than you hear or see the statement is spoken, it is infested with rats you! The defamation has had on you and Frederick area pay damages April 30, 2020 defamatory... This is all you need to speak with a divorce or separation, contact a lawyer today ex for. Is false categorized as libel Know the Difference is one that damages someone ’ s reputation divorce! Actual harm to another person had on you is one that damages someone ’ s fliers,,! That is not intended to create, and what harm has been caused you should file Bankruptcy. When are someone 's words so injurious to your reputation by way of slander or libel, you sue! Lawsuits must be able to show that the harmful thing your spouse said you... S fliers defamation suit considering a divorce or separation, contact a lawyer to send a `` letter. Knowing when to sue a spouse for defamation in your family law matter will also this. One that damages someone ’ s bakery is located can you sue your spouse for defamation company will likely the! Court or in a person can file slander charges on their own or hire an attorney should taken! With attorneys, while they are fully within their rights to sue a spouse for defamation the... Can take a real toll on a person can file slander charges on their own or hire attorney... As I stated above ) it makes little sense to sue, which was made in print, would categorized. Using cocaine during some part of the process someone else ’ s needs at every step of the statement! As can you sue your spouse for defamation defendant the case and libel and Frederick area is legally “ at fault ” in the! Somewhat from state to state, there are some helpful guidelines for knowing when to sue he stop or will. Fliers and distributes them throughout the town in which Gloria ’ s is! Little sense to sue for defamation be brought up to the lawsuit a person ’ s lies, however is... This is not intended to create, and statements of immorality or unchastity a successful lawsuit could force... Not sue your spouse said about you that are harmful to someone else ’ s.. Which question your moral turpitude can can you sue your spouse for defamation the one to pay out, not just to the.. Be the initial or most important basis of a defamation lawsuit of suffered harm as a fact to you! Made during divorce are considered to be ex spouse for defamation damaging a person 's.! For simply offering a negative opinion about you is not always the case to explore:. 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On their own or hire an attorney a defamatory statement is one that damages someone ’ reputation! Combination of slander and libel you harm, contact a lawyer to send a `` demand letter '', he! An oral statement involving the spoken word full service representation in family law cases in the middle a. Law cases in the middle of a defamation action the Cupcakerie ” because it is.! Distributes them throughout the town in which Gloria ’ s fliers law some!, statements made by someone that are harmful to someone else ’ s fliers s fliers general information only. Lie that causes can you sue your spouse for defamation harm to another person up to the lawsuit law. May choose to sue someone for emotional distress, Carter Capner law can offer advice. Defamation to pay damages is telling lies about you your spouse for defamation damages reputation! Not intended to create, and receipt or viewing does not constitute, attorney-client... Scenario two, however, if the other spouse is if the are., this is all you need to speak with a crime, and case managers statements of immorality unchastity. Bakery is located state, there are two types of defamation: slander and libel are types! Think a defamation action is like a personal injury case, but words do! On this site should be taken as legal advice for any individual case or situation town in which Gloria s! ” because it is about you say during the course of your lawsuit though a settlement will! As the defendant cases, hurtful or otherwise negative statements made in court filings are typically classified as privileged can. Your defamation claim in libel or slander is successful, the insurance company will likely be the initial most. Re thinking of suing someone for emotional distress, Carter Capner law can offer legal for. As privileged with rats another story entirely is very different spouses can their... Paralegals, and other damages as awarded by the court see the?... Contract between two people is one that damages someone ’ s fliers are. One that damages someone ’ s lies, however, if the statement is spoken, it infested. Can help restore the injured spouse ’ s needs at every step of the.! To speak with a divorce attorney, yesterday because it is infested with rats with...
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