The Role Defamation Plays in Divorce | Allan Brandon Tise PLLC, Attorney at Law
July 10, 2018
This is a subtitle for your new post
Divorce is rarely a simple and unemotional process. In many cases, the two involved parties are tense and have animosity toward each other. Hurtful and hateful comments are not rare in consideration of divorce proceedings.
Unfortunately, these statements may lead to false claims. Many clients ask their family law attorneys what steps they can take in pursuit of making these claims stop. Family law attorneys try to understand the role defamation plays on the divorce case so that they can make good decisions for their clients.
Read this guide to learn more about the role defamation may impact your divorce or any upcoming litigation. You may be surprised to learn how often defamation occurs.
Understanding Defamation
Defamation is intentional false communication with the intention of harming another person. Defamation can be either verbal or written, but true statements that may be negative are not considered defamatory. Additionally, defamation cannot stem from a statement of an opinion.
Social media is now typically considered a means of communication that may result in defamation. These rules indicate that making comments on social media like Facebook or Instagram can actually impact your divorce proceedings.
Many people use defamation as a means of proving fault in a divorce or as an attempt to demonstrate that one party does not deserve alimony or custody of a child. Defamation can severely impact parent-child relationships.
Judges do not take defamation lightly. The words you write or say can severely impact relationships, employment, and even court proceedings.
Considering the Role of Defamation in Divorce
Defamation is especially difficult for individuals undergoing divorce because the damages are potentially life-altering. When an individual makes defamatory statements, they are often trying to make another party look bad in court. Judges understand this.
Still, many of the statements involved in divorce fall under the umbrella of litigation privilege. Privilege allows for immunity from claims of defamation if statements are made in the courtroom during the divorce proceedings. Witness testimony, for instance, is typically not a type of statement that individuals can sue for.
Such privilege does not extend to statements that you make in personal communications. Text messages between your ex-spouse and another person, phone calls, and private messages are all considered defamation. You may need to present evidence of these statements in court.
In some cases, divorce court judges have actually considered the role of defamation in their cases. After spending such a long time in the courtroom, judges often have a good sense of what kinds of statements ex-spouses make against each other.
If your ex-spouse brings in screenshots of social media communications featuring defamatory statements, judges may take this into account when hearing statements you make. Either party making defamatory statements may face consequences in court.
Some judges may consider some forms of defamation to be precursors to parental alienation. Judges take alienation of a parent seriously because it impacts the child's ability to maintain strong, positive relationships with each party.
Suing for Defamation
In some cases, you may be able to sue an ex-spouse for defamation. Since defamation is a civil offense rather than a family or criminal offense, the process of filing suit is different from divorce or pressing charges. You can discuss your options with your family law or divorce attorney.
Divorce is difficult, especially when tensions run high. Talk to your divorce attorney if you have more questions about divorce and other family issues linked to your case.
Allan Brandon Tise, PLLC, Attorney at Law
understands the heavy toll divorce can take on many aspects of your life. Call today to set up a consultation to discuss your legal situation.
Allan Brandon Tise, PLLC, offers expert child custody law services in Wilmington, NC. Protect your parental rights today; call us at (910) 251-9614.
Struggling with child custody law in Wilmington, NC? Learn your rights and how a child custody attorney can help. Contact us today at (910) 251-9614!
Looking for a dedicated Child Custody Attorney in Wilmington, NC? Allan Brandon Tise PLLC provides expert family law services to protect your rights.
Are you wondering if separation or divorce is the right path for you? Learn more about these options so you can make the best decision for your situation.
Allan Brandon Tise is your trusted child custody attorney serving those undergoing or beginning a child custody battle in Wrightsville Beach, NC. Call now.
This blog discusses six subtle signs you should look out for to protect your emotional well-being and seek necessary legal help for divorce. Read on.
Take a look at what you need to know about primary legal custody in North Carolina and some of the top reasons why a parent might want to go this route.
Alimony provides financial assistance to the lower-earning spouse to help them maintain their standard of living. Explore the various types of alimony.
When courts determine custody of children, they examine many factors. Read about the factors determining child custody in this blog.
Alimony negotiation is one of the toughest parts of divorce proceedings. As the supporting spouse in alimony negotiations, you may have difficulty accepting that you must support your spouse financially, in the future, even though you are no longer married. If you are not careful, the mental and emotional pressure of alimony negotiations may lead you to make mistakes that affect your financial future. To help you avoid jeopardizing your finances, read on to learn about four mistakes you should avoid during alimony negotiations.
