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. Child Support vs. Alimony: Do You Know the Difference? She calls Cindy, his new girlfriend, and says that Bill has been calling every night to complain about how fat Cindy is getting. That being said, there is a limit to the madness; when statements cross a certain boundary and become defamatory, the victim may be able to sue for defamation. Some questions to explore include: The law protects some statements from a defamation action. No one wins in an adulterous relationship—least of all is the jilted spouse—but luckily, there is legal recourse for some situations: You can sue someone for breaking up a marriage. One would be to hire a lawyer to send a "demand letter", demanding he stop or you will sue. and Fait & DiLima is open for business and available to you by telephone, The initial basis should be breach of contract. Copyright 2021 © U.S. News & World Report L.P. Sometimes those things are communicated privately, and other times, they are said publicly, to a friend or confidant, or in legal papers. A defamation lawsuit not only takes time, it requires commitment from the parties to take time off work to attend court hearings and depositions. When are someone's words so injurious to your reputation that you can sue them for it? While it varies somewhat from state to state, there are some helpful guidelines for knowing when to sue someone for defamation of character. A defamatory statement must be asserted as a fact. 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. Lawrence is furious with Gloria for leaving him and wants to make her pay. or viewing does not constitute, an attorney-client relationship. In this case, the average person may very well look at your statement as a statement of fact, depending on how well you know John Smith and his wife, and why you believe that Smith hit his wife. A statement can only be defamatory if it is false. BAONA / ISTOCK. You should file for divorce and this problem can be brought up to the divorce judge. Spouses can sue each other in Illinois for defamation. If Gloria can prove a drop in business following the distribution of the fliers—and that the statement was false—she may have a successful personal injury lawsuit against her soon-to-be-ex-spouse. In these cases, the plaintiff demands that the defendant pay money to compensate for the harm caused by the spouse’s harmful conduct. If your soon to be ex tells a mutual friend that you are a terrible cook, or not interesting, or not particularly good in bed, this may hurt a great deal. Can I get compensation/damages for defamation? Libel, on the other hand, is written communication, such as signs, pictures, or words posted on social media, for example. This information is not intended to create, and receipt that you are using cocaine during some part of the divorce proceedings, for example. Call today at (301) 888-6384. 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. Truth provides a defense to defamation claims. When a defamatory statement is spoken, it is called slander, and when it is written, it is called libel. email, Zoom and other remote platforms for consultations, as well as emergencies. There is absolutely no truth to the claim on Lawrence’s fliers. 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. Is the statement an opinion or fact? It may even make settlement less likely, as the other party will be less inclined to engage in negotiations with an eye towards moving on. The Statement Wasn’t an Opinion. No one gets married planning on divorcing later. Your defamation lawyer can also advise you about defamation law, evidence rules, the statute of limitations, factors that may affect the case, and your chance of success with your defamation claim. 3. Another reason why one spouse may wish to sue another spouse is if the spouses are no longer together. How much you get depends on how serious the allegation is, and what harm has been caused. Proving Defamation. By Amy Carst, Contributor April 30, 2020. These include statements that falsely charge someone with a crime, and statements of immorality or unchastity. There are two types of defamation: slander and libel. Re: Can You Be Sued for Accusing Your Ex-Spouse of Having an Affair Quoting Buffy8477 My question involves defamation in the state of: NJ My husband committed adultery and fathered a child With a women he encountered on a single dating wedsite. In general, a defamatory statement is one that damages someone’s reputation and is false. To prove pain and suffering, you could testify about the effects the defamation has had on you. Yes, you can sue someone for spoiling your reputation. These require a greater level of proof regarding damages. You may get more than half due to your husband's action. Helping an Elder Make a Power of Attorney. If slanderous or libelous statements have caused you harm, contact a lawyer today. For something to be considered defamatory under the law, it is not enough that another person made unflattering statements, said something that hurts the other person’s feelings, is embarrassing, or just plain annoying. Sometimes those things are communicated privately, and other times, they are said publicly, to a friend or confidant, or in legal papers. Can You Sue Your Spouse for Defamation? Many times, people ask their divorce lawyer if they can sue their soon to be ex spouse for defamation. 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 … Our team includes lawyers, paralegals, and case managers. In other words, you cannot sue your spouse for simply offering a negative opinion about you. If someone damages your reputation by way of slander or libel, you may have grounds to sue for defamation. If your soon to be ex says hurtful, even untrue things directly to you and no one else, this does not meet the elements of a defamation claim. The other is to go right to the lawsuit. In many cases, hurtful or otherwise negative statements made during divorce are considered to be a normal part of the process. This is now standard practice for divorce attorneys. Fait & DiLima offers full service representation in family law cases in the Rockville and Frederick area. You may be able to sue for slander; I do not recommend that suit. Although mean words can take a real toll on a person’s well-being, a bruised ego doesn’t constitute defamation. It is important to explain the matter to the divorce lawyer so he or she may provide the evidence and complication to the judge to determine how to resolve the concern. It can be very difficult, when one is in the middle of a divorce, to objectively view the situation. Our Courts are open for emergency cases like Domestic Violence during COVID-19; There can be a … Some statements are considered per se defamatory. Could Mediation Help Your Children Survive Divorce? 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