What if Your Ex-spouse Defames You during a Divorce

Divorce Paper with a pen

Divorce is tough as it breaks a family into two units, especially for children. When your nest is breaking up, you surely do not want to invite more trouble. But sometimes things do not run according to wish and unpleasant incidents happen. In the court room, your soon-to-be ex-spouse may accuse you and put allegations on you. If you are not okay with it and it hurts your sentiment you can call your divorce attorney in OKC.

Defamation - What It Is

Before you file a case against your spouse for defaming you, you need to understand it. If someone tries to put false allegations on you to hurt you intentionally - that is called defamation.

             

Let us make it easier, answer a few questions. You will understand if communication is defamatory or not.

  1. When the allegation is completely false that could be considered as defamatory.

  2. Defamation lawsuit can only be filed if there is any statement with it. You cannot file it for an opinion that someone has stated.

  3. The false statement against you should be distributed verbally, to social media or to a third person other than you.

  4. You need to clear it that the statement distributed is harming your reputation.

Only under these four conditions you can call a statement defamatory and contact our divorce attorney in OKC at Mazaheri Law Firm.

Lawsuit

Shielded Statement lawsuit

Under certain conditions, an individual can be protected from getting defamatory filing. When it is a family battle like a divorce people have certain protections on what are they saying. If you say something in court taking an 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 Defamation Case

You may think who has the burden to prove it right. Is it you 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. When you are the defendant as there are defamatory statements against you, you need to come up with the truth.

When you are in such trouble where your truth is questioned, scrutinized, you can come to our divorce attorney in OKC for help. Mazaheri Law Firm always at your service.