What if Your Ex-spouse Defames You during a Divorce
Divorce is tough as it breaks a family into two units, especially when children are involved. When your nest is breaking up, you surely do not want to invite more trouble. But sometimes, things do not run according to plan and unpleasant incidents happen. In the courtroom, your soon-to-be ex-spouse may accuse you of things and put allegations against you. If you are not okay with this and it hurts your sentiment, you can call for a divorce attorney in OKC.
Defamation - What It Is
Before you file a case against your spouse for defaming you, you need to understand what it is. If someone tries to place false allegations against you, to hurt you intentionally - that is called defamation.
Let us make it easier, answer a few questions. This will help you to understand if communication is defamatory or not.
1. When the allegation is completely false, that could be considered as defamatory.
2. A defamation lawsuit can only be filed if there is a specific statement with it. You cannot file it for an opinion that someone has made.
3. The false statement against you should be distributed verbally, to social media or to a third person other than yourself.
4. You need to prove that the statement distributed is harming your reputation.
Only under these four conditions can you then call a statement defamatory. At this point or before you can then contact our divorce attorney in OKC at Mazaheri Law Firm.
Shielded Statement lawsuit
Under certain conditions, an individual can be protected from getting a defamatory case against them. When it is a family battle, like a divorce, people have certain protections on what are they say. If you say something in court, while under oath, you are under litigation privilege and it immunes you from defamation. But it does protect you in your private communications outside the court or legal proceedings.
Proof in a Defamation Case
You may wonder who has the burden to prove it right. Is it you who has to prove the allegations false against you, or your ex-spouse to prove himself/herself right? It is you to prove all the allegations wrong. You are the defendant if there are defamatory statements against you, therefore, you need to come up with the truth.
When you are in such trouble, where your truth is questioned or scrutinized, you can come to our divorce attorney in OKC for help. Mazaheri Law Firm is always at your service.
** Disclaimer: This blog content is no substitute for legal advice and in no way implies a lawyer-client relationship.