Defamation During Divorce

Divorce, Family Law, Mark Schondorf

Comments about your spouse may have an impact on the divorce process.

Communication is tough during a divorce, and emotions are strong. It is not uncommon for one or for both spouses to make harsh and perhaps false remarks about the other. What if an ex-spouse said or did something that destroyed your reputation for good?

What Exactly Is Spousal Defamation?

When the marriage is virtually ended, but the divorce has not yet occurred, one or both spouses may say or do things that might harm the other’s reputation, prospects of employment, revenue or cast a poor light on the other at any time. Defamation is a considerable risk throughout the messy divorce process when either side is prepared to speak or write nasty comments or false facts about the other to enhance the odds of a successful divorce procedure. Generally, defamation happens through the written or spoken words of the other person.

When Hurtful Statements Turn Into Defamation

Hurtful comments that might damage the person’s reputation and opportunities in the neighborhood or community typically result in a viable legal complaint against the other spouse. These are significant concerns when charges threaten a person’s career or opportunities in politics or with law enforcement. False information supplied during spoken or written instances of defamation causes the affected party to seek legal advice to evaluate if a lawsuit is necessary to recover through a particular remedy such as compensation or monetary settlement. Working with a lawyer enhances the likelihood of a legitimate and powerful lawsuit against the other party.

Defamation Elements

When a spouse believes that the defamation should be resolved through the divorce with the judge, they will generally retain the services of a divorce lawyer who will have all of the facts. The legal procedure will require comprehensive facts and components of defamation. In most cases, the spouse will have to establish that the communication from the other spouse was untrue, and the information must be factual rather than subjective. Contact with others must take place to avoid defamation, which might harm the person’s reputation or cast them in an unfavorable light.

The statement, whether made in writing or spoken to others, must include a publishable occurrence. However, this may happen in a variety of ways without the necessity for news broadcasters or newspapers. The last component must consist of an injury to the individual who has been defamed. This harm may be economic or non-economic. For the defamation lawsuit to be successful, the individual must show all of these factors. The probable good outcome of the divorce procedure combined with the defamation may impact the division of assets for both parties at the end of the case.

Taking Legal Action in a Defamation Case

When there is adequate proof that the other spouse engaged in defamation, the aggrieved individual should consult counsel. If it can interfere with the divorce process, the legal representative may bring it up during the proceedings. Another potential issue with defamation inside a marriage before divorce is marital or spousal privilege. If the defamatory statements are inside the topic or subject to privilege, the ability to seek legal redress may be harmed. In civil or criminal issues, spouses have immunity under privilege, and the privilege may exist during a divorce or when fighting for custody.

The privilege in legal processes may insulate the opposite party from liability for defamation if the person speaks certain things during the legal divorce and struggles between spouses. Other parties participating in this procedure may be granted privilege as well. To avoid this idea, defamation must generally occur in public or outside of the divorce procedures in front of a judge. Furthermore, it must directly affect the other party’s reputation or possibilities, such as employment or a community reputation.

The Lawyer Charged with Defamation in a Divorce

It is critical to consult with a divorce lawyer to establish if the issue contains a privilege or proceed with the civil process. The legal counsel may explain the information to the judge and attempt to present the extra case concerns throughout the divorce procedure for a legal remedy.

Contact Hecht Schondorf for legal help today.