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. Some attorneys think a defamation action is like a personal injury case, but the proof necessary for a defamation action is very different. How to Sue for Defamation. Divorce is often one of the most painful times in a person’s life. Defamation is only punishable as a civil wrong -- it's not a criminal matter. These include: If you have been harmed by the false statements of another, you may be able to obtain compensation for any damages suffered. One would be to hire a lawyer to send a "demand letter", demanding he stop or you will sue. 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. 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. However, if the other spouse is successful, the insurance company will likely be the one to pay out, not the spouse. The initial basis should be breach of contract. You should file for divorce and this problem can be brought up to the divorce judge. Also, the false statements must be made to other people, not just to the person it is about. 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. Fait & DiLima offers full service representation in family law cases in the Rockville and Frederick area. Was the statement communicated to another person? and Fait & DiLima is open for business and available to you by telephone, “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. 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. 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. 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. He prints 500 fliers and distributes them throughout the town in which Gloria’s bakery is located. In general, a defamatory statement is one that damages someone’s reputation and is false. 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. Sometimes those things are communicated privately, and other times, they are said publicly, to a friend or confidant, or in legal papers. Although mean words can take a real toll on a person’s well-being, a bruised ego doesn’t constitute defamation. Libel, on the other hand, is written communication, such as signs, pictures, or words posted on social media, for example. The statements can be about a person, business, organization, group, nation, or product that tends to hurt the person’s reputation. 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. Sticks and stones may break bones, but words can do some damage. 2. 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. Is the statement true? If a company or brand is a victim of clear defamation, they are fully within their rights to sue. "Slander" is the crime of making a false, spoken statement damaging a person's reputation. Truth provides a defense to defamation claims. Defining Defamation. 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. Is the statement an opinion or fact? Haga clic aqui para espanol. 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. No one gets married planning on divorcing later. 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. The other spouse may choose to sue, which requires naming the spouse as the defendant. A statement can only be defamatory if it is false. Defamation would not be the initial or most important basis of your lawsuit though. Did someone other than you hear or see the statement? This allows the firm to meet each client’s needs at every step of the proceedings. Can You Sue Your Spouse for Defamation? A defamation lawsuit not only takes time, it requires commitment from the parties to take time off work to attend court hearings and depositions. Yes you can sue her. In other words, you cannot sue your spouse for simply offering a negative opinion about you. Can I get compensation/damages for defamation? 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. 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. 'S not a criminal matter sue someone for defamation of character much you! 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