Divorce can be incredibly stressful, especially when there is high conflict. Under these conditions, it’s not uncommon for one or both parties to strongly express how they feel about the case and each other. However, sometimes angry comments can get out of hand to the point of becoming misleading and inaccurate. Depending on what gets said, these statements may be so false and damaging as to constitute defamation. Here is more on defamation and California divorce.
Recently, a news story was published about a California couple going through a divorce involving possible defamation. In that case, a husband openly accused his former spouse of putting a drain cleaner product into his beverages in an attempt to kill him. The wife, who was arrested and later released on bond, denied the allegations and called them defamatory. She believes her ex purposefully made these allegations because he is desperate to get custody of the couple’s children.
Most California divorce defamation claims won’t involve attempted murder allegations. However, there can definitely be times when parties will make false and harmful statements. When this hostile behavior crosses the line, the defaming party may face legal consequences.
Defamation and California Divorce
Under California law, defamation occurs when a party communicates false information that damages another person’s reputation. To be clear, this definition does not usually apply when someone is expressing an opinion about another person. For instance, saying that your ex is hateful and unreasonable would be an opinion rather than defamation. By contrast, knowingly making an untruthful statement that your ex is using illegal drugs could be defamatory.
There are Two Types of Defamation: Libel and Slander
- Libel—libel occurs when a party writes something false about another person, and the statement damages the subject of the writing. While you may think about newspapers and magazines being sued for libel, this form of defamation can also occur in emails, social media posts, blogs, and other written content.
- Slander—slander refers to defamation that is spoken. In the context of divorce, this typically involves a spouse making untrue comments or allegations regarding the other in a manner that harms their reputation.
Defamation Elements
Defamation can be established when someone:
- Commits libel or slander,
- A third-party reads or hears the statements, and
- The other person (subject of the statement) is harmed by the commentary.
Defamation is a tort, meaning an injured party can file an independent civil suit against the defaming party and seek remedies. If the suing party is successful, they could be awarded financial damages. In addition, the defaming party could be ordered to refrain from making further false comments and to formally and publicly retract their untruthful statements.
A defamation claim may be available when a spouse makes or writes a false statement that is represented as fact rather than an opinion that causes damage to the other spouse’s reputation. In addition, the offending spouse must have spread the falsehood to a third party and injured the other spouse.
Defamation during a California divorce often comes up through allegations of domestic abuse or child endangerment. This type of defamation could be extremely harmful to the subject party’s divorce case. Consequently, if it becomes clear that one party is misrepresenting these types of or other important facts about the other party, the defaming party could face severe penalties.
Contact an Experienced California Divorce Attorney
If your ex has made defamatory statements, you should meet with a California divorce attorney as soon as possible to discuss the matter. Your divorce lawyer can help you evaluate the situation and determine your options. The attorneys at the Law Offices of Judy L. Burger are experienced California divorce attorneys who can help you during and after your divorce. We assist clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities. Call us at 415-293-8314 to schedule a private appointment or visit our website.