Can you sue Your Ex for defamation of character?

If she is making these sorts of comments to others, you may have recourse to several claims against her. However, defamation claims require a false statement of fact, not opinion. So, for example, if she said you had obtained some disease from being an intravenous drug user (and it was not true), that could be defamation.

Can you sue your ex husband for slander?

In general, all defamation actions (slander is a type of defamation) require these elements :… What you have described is likely an intentional tort, and therefore there will be no insurance to cover any damage award. If your ex-husband has sufficient assets, you may be able to get a local attorney to carefully review your case.

Can a person sue their spouse for defamation?

No one gets married planning on divorcing later. When couples divorce, sometimes things are said in anger. Sometimes those things are communicated privately, and other times, they are said publicly, to a friend or confidant, or in legal papers. Many times, people ask their divorce lawyer if they can sue their soon to be ex spouse for defamation.

What do you need to know about defamation of character?

Defamation Per Se. Many defamation of character cases require proof the statement was false and proof of the harm you suffered. Harm from defamation includes losing a job, eviction, losing customers, etc. This form of defamation is defamation per quod (a Latin term meaning “whereby”).

Can you sue your spouse during a divorce?

Steve Fernandez and Mark Karney are Certified Family Law Specialists* with over 50 years of combined experience. Can I Sue My Spouse for Defamation During a Divorce? The process of divorce – which is essentially splitting one family unit into two distinct family units – is tough.

How can I sue my ex wife for breaking the divorce decree?

Enforcing the Decree Divorce is governed by state law, so if you want to sue your ex-spouse for not complying with your divorce decree, you must use state court procedures for alleging contempt of court. Contempt of court usually means that your ex-spouse knew about the court order but willingly failed to comply.

Can you sue Your Ex for contempt of court?

Divorce is governed by state law, so if you want to sue your ex-spouse for not complying with your divorce decree, you must use state court procedures for alleging contempt of court. Contempt of court usually means that your ex-spouse knew about the court order but willingly failed to comply.

What happens if an ex spouse violates an order of protection?

An order of protection (temporary or otherwise) can limit physical interactions between you and your ex. If your ex-spouse violates the terms of such an order, he or she may be charged with criminal contempt.

Can a person sue their ex-wife in court?

In general, yes you can sue. Whether you will be successful or the judge will toss your case out of court is a different question altogether. You may also be required to pay for your ex’s lawyer for filing a frivolous lawsuit.

Can you sue your ex spouse for defamation?

Sometimes those things are communicated privately, and other times, they are said publicly, to a friend or confidant, or in legal papers. Many times, people ask their divorce lawyer if they can sue their soon to be ex spouse for defamation. There are two types of defamation: slander and libel.

Can a former spouse be sued for emotional distress?

While you may be able to sue your former spouse, a court might still be reluctant to rule in your favor. This may be especially true if you are trying to claim that your former spouse caused you to suffer from emotional distress.

Can a spouse use the legal system to punish an ex?

Many people in the middle of a divorce feel the need to punish their former partner for any real or imagined slights. Unfortunately, some spouses attempt to use the legal system to exact their revenge, by filing motion after motion for the sole purpose of frustrating their ex.