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Why You Should Not Defame Your Former Spouse
Cassandra Stone
When you get a divorce, it is not uncommon for your emotions to sometimes get the best of you. You likely have said some things about your spouse out of anger or frustration. While your words can be hurtful, you should be aware of when those words can become defaming. If you speak about your spouse in a defamatory way, it could come back to hurt you later. Here are some things you should know:
What Is Defamation?
When you are going through the motions of divorce and you write or say something bad about your spouse, your words can cost your former spouse his or her professional and personal reputation. Defamation includes writing bad things about your former spouse online or on various social media platforms or talking about your former spouse negatively to someone he or she works with. Another problem with defamatory statements is if your former spouse has significant political aspirations or otherwise works in a very public position. If your words are defamatory, you can cost him or her their future. If the statements you make are false, your former spouse can sue you for civil damages.
When Is a Statement Defamatory?
When determining whether or not a statement is defamatory, some guidelines have to be met. The first is the validity of the statement. A defamatory statement can only be so if the statement made is false. If your statement is a negative opinion that you hold, you must be careful when communicating it to other people. While you are allowed to have your opinion, there is something to be said when you begin to spread your opinion around. It could eventually make the rounds in social media and beyond and be misinterpreted as fact, causing problems for your former spouse.
A defamatory statement also has to be communicated to another party. A third party can be the group of people you spoke to or anyone who read your words online in any capacity.
What Happens If You Get Sued?
If you make a defamatory about your former spouse, he or she can file a defamation lawsuit. He or she has to cite proof that your words were corresponded to a third party. The judge will then verify whether or not the statements are true or false.
When you get a divorce, it is important to be careful who you speak to. Try to avoid speaking badly about your former spouse, particularly when you are frustrated. For more information, speak with your divorce attorney.
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