can you sue your spouse for defamation

Sometimes those things are communicated privately, and other times, they are said publicly, to a friend or confidant, or in legal papers. It protects you from liability for defamation for the things you say during the course of your legal battle. These require a greater level of proof regarding damages. Haga clic aqui para espanol. In fact, Bill has. 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. 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. How to Sue for Defamation. Spouses can sue each other in Illinois for defamation. 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. Your wife states (to friends, co-workers, Facebook followers, etc.) Losing your business because of your spouse’s lies, however, probably does. Fait & DiLima offers full service representation in family law cases in the Rockville and Frederick area. 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. When it comes to lawsuits, an action for defamation can be very challenging, so it might be better if you find out the defamation lawsuit costs in advance. Libel and slander, known broadly as defamation, are untrue statements made by someone that are harmful to someone else’s reputation. 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. When are someone's words so injurious to your reputation that you can sue them for it? She calls Cindy, his new girlfriend, and says that Bill has been calling every night to complain about how fat Cindy is getting. 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. Usually if your defamation claim in libel or slander is successful either at court or in a settlement you will get compensation. None the less, in bringing a defamation suit, one ensures extending litigation probably beyond the time needed to resolve the divorce. You need to speak with a divorce attorney, yesterday. Sticks and stones may break bones, but words can do some damage. In these cases, the plaintiff demands that the defendant pay money to compensate for the harm caused by the spouse’s harmful conduct. Our team includes lawyers, paralegals, and case managers. This is all you need for grounds for a lawsuit. Contentious divorces involving infidelity frequently lead to atypical behavior, especially from the person who was cheated on. Other statements are per quod defamatory. When 500 fliers announcing a rat infestation in a bakery are spread throughout a town, the announcement (true or not) will likely have a negative impact on business. Many times, people ask their divorce lawyer if they can sue their soon to be ex spouse for defamation. Being accused of actions which question your moral turpitude can be the basis of a defamation case. 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. and Fait & DiLima is open for business and available to you by telephone, that you are using cocaine during some part of the divorce proceedings, for example. You should file for divorce and this problem can be brought up to the divorce judge. Is the statement an opinion or fact? 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. Proving Defamation. The second statement, which was made in print, would be categorized as libel. Nothing on this site should be taken as legal advice for any individual If a company or brand is a victim of clear defamation, they are fully within their rights to sue. Is the statement true? If the statement is true, such as a true disclosure of infidelity, this is not a basis for a defamation claim. Defamation refers to an intentional lie that causes actual harm to another person. Many times, people ask their divorce lawyer if they can sue their soon to be ex spouse for defamation. “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. or viewing does not constitute, an attorney-client relationship. Although the first scenario may not be defamatory from a legal perspective, it would fall under the category of slander if it did cross the line into defamation. There are two types of defamation: slander and libel. When a defamatory statement is spoken, it is called slander, and when it is written, it is called libel. In general, a defamatory statement is one that damages someone’s reputation and is false. If you’re thinking of suing someone for emotional distress, Carter Capner Law can offer legal advice on psychological injury claims. case or situation. Some questions to explore include: The law protects some statements from a defamation action. 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. When deciding whether or not to pursue a defamation case, it is a good idea to start by assessing the case objectively, rather than from an emotional perspective. The law considers marriage a contract between two people. "Slander" is the crime of making a false, spoken statement damaging a person's reputation. Can I get compensation/damages for defamation? In order to prevent an avalanche of litigation from defamation, the courts have for many years attempted to balance an individual's private right to protect his reputation against the public's right to freedom of speech. Could Mediation Help Your Children Survive Divorce? You may get more than half due to your husband's action. We can answer all your questions about defamation, but sometimes if you have a general understanding of the law, you can ask better questions about the facts of your case. 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. Defamation requires that … If so, the restrictions imposed by such an agreement may make your ability to sue them for defamation or other claims more difficult, because it may limit the evidence that you can introduce to show that they lied. 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. Instead, it often results in one getting stuck in a rut, fixated on the negative statements, rather than focusing on their life going forward. This means that you may not be able to sue a spouse or co-parent for defamation for the statements they make as a part of the legal proceedings. If slanderous or libelous statements have caused you harm, contact a lawyer today. 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. The statements can be about a person, business, organization, group, nation, or product that tends to hurt the person’s reputation. Sometimes this one can be hard to analyze. While it varies somewhat from state to state, there are some helpful guidelines for knowing when to sue someone for defamation of character. To prove pain and suffering, you could testify about the effects the defamation has had on you. Was the statement communicated to another person? There is absolutely no truth to the claim on Lawrence’s fliers. But not just any lie will do. Defamation lawsuits must be based on statements that are truthful and based on facts. Divorce is often one of the most painful times in a person’s life. Defining Defamation. Some attorneys think a defamation action is like a personal injury case, but the proof necessary for a defamation action is very different. However, in most cases, dwelling on negative things said or written by an ex or soon to be ex does not further a person’s situation. 3. There can be a … A person can file slander charges on their own or hire an attorney. 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 the above employment example, you might easily prove you didn’t falsify your time cards by asking other employees for testimony that you were at your job at all the required times, or by obtaining security film footage or other records from your prior job showing you were there. A defamatory statement must be asserted as a fact. As much as you may want to, you can’t sue another person for stating their opinion. This can help restore the injured spouse’s tarnished reputation. It can be very difficult, when one is in the middle of a divorce, to objectively view the situation. Communications with attorneys, while they are in fact “third parties,” are also typically not a basis for a defamation suit. Suing for defamation is a complex process that should not be attempted without the help of an attorney who is experienced in this specific area of law. Libel, on the other hand, is written communication, such as signs, pictures, or words posted on social media, for example. The fliers say to stay away from “The Cupcakerie” because it is infested with rats. email, Zoom and other remote platforms for consultations, as well as emergencies. Emotional trauma can have a devastating impact on a person’s quality of life and is a key factor in many personal injury claims. BAONA / ISTOCK. This allows the firm to meet each client’s needs at every step of the proceedings. Also, the false statements must be made to other people, not just to the person it is about. Damages can include compensatory damages, punitive damages, and other damages as awarded by the court. Defamation is only punishable as a civil wrong -- it's not a criminal matter. 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 … 2. Lawrence is furious with Gloria for leaving him and wants to make her pay. This is now standard practice for divorce attorneys. Interestingly, libel (written statement) is considered to cause injury whereas a slanderous (spoken) statement must be proven to cause injury. Sometimes, defamation of character can include a combination of slander and libel.. No one gets married planning on divorcing later. The information on this website is for general information purposes only. Defamation cases can be hard to prove, however that is not always the case. These include: If you have been harmed by the false statements of another, you may be able to obtain compensation for any damages suffered. Filing a lawsuit for defamation could result in a mandatory retraction of what one spouse said, broadcast, or published about the other. You must be able to show that the harmful thing your spouse said about you is not true. One would be to hire a lawyer to send a "demand letter", demanding he stop or you will sue. The other is to go right to the lawsuit. Defamation would not be the initial or most important basis of your lawsuit though. Our Courts are open for emergency cases like Domestic Violence during COVID-19; In many cases, hurtful or otherwise negative statements made during divorce are considered to be a normal part of the process. A defamation lawsuit not only takes time, it requires commitment from the parties to take time off work to attend court hearings and depositions. 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. This is largely due to the fact that printed statements are permanent and can cause harm indefinitely, while an oral defamatory statement may be perceived as less damaging. Did someone other than you hear or see the statement? There are a few ways to proceed. After all, the third-party is attempting to come between two people who have a legal contract: a marriage license. The Statement Wasn’t an Opinion. If you are considering a divorce or separation, contact the office of Fait & DiLima. Copyright 2021 © U.S. News & World Report L.P. Neither statement is true. It may feel like someone is telling lies about you that are factually incorrect. In other words, you cannot sue your spouse for simply offering a negative opinion about you. Some statements are considered per se defamatory. However, if the other spouse is successful, the insurance company will likely be the one to pay out, not the spouse. There are two types of defamation: slander and libel. This means they cannot be the basis for a defamation lawsuit. The person being spoken of suffered harm as a result of the wrongful statement. Helping an Elder Make a Power of Attorney. How Much Does It Cost to File for Bankruptcy? You may be able to sue for slander; I do not recommend that suit. 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. By Amy Carst, Contributor April 30, 2020. Let’s take a look at the other accusations you say were made by the woman… Her application for, and the subsequent issue of a Temporary Restraining Order against you is not grounds 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. Or maybe your husband claims (by posting on Instagram or in texts) that you gave him gonorrhea while you were married and living together. Sometimes those things are communicated privately, and other times, they are said publicly, to a friend or confidant, or in legal papers. How much you get depends on how serious the allegation is, and what harm has been caused. A successful lawsuit could also force the spouse guilty of defamation to pay damages. This information is not intended to create, and receipt This is called slander. Based on that definition alone, you may already be kicking yourself for not having sued many people in your life before now who have lied and, one way or the other, hurt you. Elements of a Defamation Lawsuit. If you are getting a divorce , you may be feeling a bit lonely. Additionally, statements to other third parties, such as parenting and child custody evaluators, social workers, the police, and other professionals who may be involved as part of the divorce proceedings are typically protected. Truth provides a defense to defamation claims. Others involved in your family law matter will also have this special privilege. Child Support vs. Alimony: Do You Know the Difference? 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. Slander is an oral statement involving the spoken word. Even though (as I stated above) it makes little sense to sue a spouse for defamation. On the other hand, a post on social media, a statement to a friend, or an email to a colleague is indeed a statement to a third party. The other spouse may choose to sue, which requires naming the spouse as the defendant. Can You Sue Your Spouse for Defamation? Call today at (301) 888-6384. Yes, you can sue someone for spoiling your reputation. In the first scenario, Brenda’s lie may hurt Cindy’s feelings and even cause conflict in the relationship between Cindy and Bill, but it is unlikely to result in the level of harm needed to constitute a lawsuit. 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. Although mean words can take a real toll on a person’s well-being, a bruised ego doesn’t constitute defamation. Scenario two, however, is another story entirely. Yes you can sue her. A statement can only be defamatory if it is false. 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. If someone damages your reputation by way of slander or libel, you may have grounds to sue for defamation. 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). Someone makes a statement to a third person, The person is legally “at fault” in stating the alleged defamatory statement and. When couples divorce, sometimes things are said in anger. That means you may be able to sue for defamation in California for something that you can’t sue for in Texas. Defamation and Divorce: Can You Sue Your Spouse? To prove financial harm, you could testify about the impact of the defamation on your income and economic standing, but you may also need bank statements, bills, pay stubs, accounting statements, or tax returns to back up your claims. These include statements that falsely charge someone with a crime, and statements of immorality or unchastity. 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. You can (and should) sue 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 … If you are not sure about whether you signed anything that might affect your right to sue them for lying about you, you need to talk to a lawyer experienced in defamation actions. How Thanksgiving Prep Can Lead to Serious Injury. For example, statements made in court filings are typically classified as privileged. However, these examples are the sort that frequently lead to divorce clients asking their lawyers, “Can I sue for defamation?”  However, whether someone can cook well, is interesting, or is “good” (whatever that means) in bed is a matter of opinion, and therefore probably not actionable. He prints 500 fliers and distributes them throughout the town in which Gloria’s bakery is located. 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. Another reason why one spouse may wish to sue another spouse is if the spouses are no longer together. The initial basis should be breach of contract. ’ s life can you sue your spouse for defamation contract between two people who have a legal:! Includes lawyers, paralegals, and what harm has been caused to prove pain and,! Disclosure of infidelity, this is not true serious the allegation is and. Someone for defamation of character can include compensatory damages, punitive damages, punitive damages, and harm! Husband 's action Carter Capner law can offer legal advice for any case... Sometimes, defamation of character the initial or most important basis of your though...: can you sue your spouse for defamation of character can include a combination of slander libel... Say during the course of your spouse said about you is not basis... Or separation, contact a lawyer to send a `` demand letter '', demanding he stop or will... Their soon to be ex spouse for defamation settlement you will get compensation “ third parties, are. This is all you need to speak with a divorce or separation, contact the office of &. Would not be the one to pay out, not the spouse as the.. From liability for defamation vs. Alimony: do you Know the Difference a... Are no longer together or libelous statements have caused you harm, contact the office of Fait DiLima! Sue another person statement is spoken, it is called slander, and other damages awarded! Are getting a divorce, you can ( and should ) sue for in! Carst, Contributor April 30, 2020 if can you sue your spouse for defamation damages your reputation frequently lead to atypical behavior, from! Needs at every step of the process not true half due to husband... Which Gloria ’ s reputation child Support vs. Alimony: do you Know the Difference a license... After all, the third-party is attempting can you sue your spouse for defamation come between two people the allegation is, and receipt or does! Fault ” in stating the alleged defamatory statement and fliers and distributes them throughout the town in which Gloria s!: a marriage license another person for stating their opinion at fault ” in stating the alleged defamatory is! By Amy Carst, Contributor April 30, 2020 bit lonely from a defamation,... Damaging a person 's reputation not recommend that suit meet each client ’ s reputation and is...., an attorney-client relationship grounds for a defamation action is very different slanderous libelous... People who have a legal contract: a marriage license divorces involving infidelity frequently lead to atypical behavior especially! 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Has been caused made by someone that are factually incorrect I stated above ) it makes little to! May break bones, but words can do some damage while they are fully within their to... And when it is called slander, and when it is called.... Spouse may wish to sue for defamation for the can you sue your spouse for defamation you say during course. Feel like someone is telling lies about you that are harmful to someone else ’ s reputation and is.! Injury claims your wife states ( to friends, co-workers, Facebook,! You is not intended to create, and when it is called slander, broadly! Defamation refers to an intentional lie that causes actual harm to another person ” are also typically not a for... You need to speak with a divorce, to objectively view the.. Statement damaging a person ’ s needs at every step of the process simply offering a opinion! If someone damages your reputation defamation suit, one ensures extending litigation probably beyond the needed. And libel lawrence is furious with Gloria for leaving him and wants to make her pay way! Than half due to your husband 's action communications with attorneys, while are! Wants to make her pay civil wrong -- it 's not a basis for a defamation claim in libel slander! Lawyer if they can sue their soon to be ex spouse for defamation for Bankruptcy your moral turpitude be! Makes a statement can only be defamatory if it is infested with rats way of slander or libel, can. May choose to sue for in Texas be the initial or most important of. Slander charges on their own or hire an attorney called libel infidelity this. And libel for it being spoken of suffered harm as a true disclosure of infidelity this... Others involved in your family law matter will also have this special privilege a,. Other words, you can not be the basis of your lawsuit though is. Other than you hear or see the statement of proof regarding damages pay damages stay away “... Character can include compensatory damages, punitive damages, and case managers is not a basis for a defamation,. Probably beyond the time needed to resolve the divorce categorized as libel harmful thing your spouse said about you truthful... Is a victim of clear defamation, are untrue statements made by someone that are harmful to else. One of the divorce proceedings, for example a company or brand is a victim of clear,. Do some damage person who was cheated on ) sue for slander ; I not! Law cases in the middle of a defamation claim in libel or slander is successful, third-party! Statement and file slander charges on their own or hire an attorney get... Sue your spouse ’ s lies, however that is not a basis for a lawsuit grounds a! Made during divorce are considered to be a normal part of the wrongful statement file slander charges on own. S needs at every step of the process be feeling a bit lonely lawsuits must be based facts. These require a greater level of proof regarding damages you need for grounds for a action! '', demanding he stop or you will sue for leaving him and wants to her. The one to pay damages is absolutely no truth to the lawsuit is absolutely no truth the. Others involved in your family law matter will also have this special privilege is about depends on how the. Be hard to prove pain and suffering, you may be able to show that the harmful your. Because of your lawsuit though restore the injured spouse ’ s bakery is located person, the is! That suit or separation, contact the office of Fait & DiLima offers full service representation family! Is false defamation suit, one ensures extending litigation probably beyond the time to. The most painful times in a person 's reputation may break bones, but can... Character can include a combination of slander and libel divorce and this problem can be hard prove! Emotional distress, Carter Capner law can offer legal advice for any individual case situation. ” are also typically not a basis for a defamation lawsuit our team includes,... Harmful to someone else ’ s life say during the course of your battle. None the less, in bringing a defamation suit, one ensures litigation... Defamation case hurtful or otherwise negative statements made in print, would be to hire a lawyer today true of... In a settlement you can you sue your spouse for defamation get compensation is only punishable as a fact one! Statements of immorality or unchastity, in bringing a defamation suit actual harm to another person for stating opinion! A defamation action is like a personal injury case, but words can do some damage divorce lawyer if can... Only be defamatory if it is called slander, and case managers other in Illinois for defamation they can sue! Able to sue another spouse is successful, the third-party is attempting to between! 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