Defamation During Divorce Process

What is Defamation between Spouses?

If the marriage is not over yet, but it hasn’t been finalized, one spouse or both may write or say things about the other that can damage their reputations, income, or chances of working. Defamation is more likely during messy divorce proceedings. This is because one or both spouses are willing to make negative comments about the other or to give false information to help increase their chances of a successful proceeding. Defamation is usually done through written or spoken statements.

Hurtful statements can become defamation

A civil lawsuit against the spouse who makes hurtful or demeaning statements about the spouse can be filed. These allegations can lead to serious consequences for the spouse, as they could endanger their career and/or changes in politics or law enforcement. False information in spoken or written defamation cases can lead the victim to seek legal counsel. This will help determine whether a lawsuit is necessary to obtain a specific remedy, such as compensation. The best divorce lawyer in surrey can increase the chances of filing a strong and valid claim against the other party.

Elements of Defamation

If the spouse believes that the defamation should proceed through the divorce proceedings with the judge, they will often have access to a divorce lawyer who will have all the details. To prove that the incident occurred, or multiple incidents, the legal proceeding will need all details and elements of defamation. The spouse will usually need to prove that false communication was made. The information must be a fact and not an opinion. Communication with others must be considered defamation, which can damage the reputation of the individual or cast them in a negative light.

A statement must be published if it is printed or made to others. This could happen in many ways, without the need to use news broadcasters or newspapers. This last element must include an injury to the defamed individual. The injury can be economic or non-economic. To have a chance at success in a defamation case, the individual must prove each of these elements. The possible positive outcome of the divorce proceedings may impact the allocation of assets or liabilities at the end of each case.

The Case of Defamation

If there is enough evidence to show that the spouse engaged in defamation the affected person should inform his or her lawyer. The legal representative can raise the matter during proceedings if it is likely to affect the divorce process. Marital or spousal privilege is another possible problem with defamation in a marriage that is not final. The ability to seek legal remedies may be impeded if the defamatory statements fall within the scope of the privilege. The spouses who have privilege are exempted from civil and criminal proceedings. The privilege may be granted during divorce proceedings or when the spouse is fighting for custody.

A privilege in legal proceedings can protect one party from liability for defamation if they say certain things during the legal divorce or battle between spouses. The privilege may also be granted to other parties involved in the process. This concept is often ignored. Defamation must be made in public, or outside the courtroom before a judge. It must also directly harm the reputation of the other party, such as through employment or in the community.

The Lawyer with Defamation in Divorce

Communicate the matter to the lawyer so that they can determine whether the privilege applies or if civil proceedings may be pursued. For a legal remedy, the legal representative can explain the facts to the judge.