A young couple is going through a divorce. Emotions are running high, and during a heated argument, the husband accuses the wife of being unfit to raise their children. He even goes as far as telling neighbors and friends that she has a substance abuse problem—something that is entirely untrue. The wife’s reputation is now damaged, and people question her ability to raise the couple’s children. This is a prime example of how defamation can play a harmful role in a divorce.
Defamation in the context of a Texas divorce can quickly become a crucial issue, especially when one spouse makes damaging statements about the other during the divorce process. Let’s discuss more in today’s blog post.
Defamation — Defined
Defamation involves making an untrue statement that harms another person’s reputation. Generally speaking, there are two types of defamation: slander (spoken defamation) and libel (written defamation).
Here are a few textbook examples of how defamation might play out in a divorce:
False Claims of Financial Misconduct
During a divorce, one spouse might tell their friends and the court that her husband has been hiding assets and lying about their financial situation. Although untrue, if the court takes these claims seriously, the husband could face greater scrutiny as he proves his innocence. This could lead to an unfair division of assets or the imposition of penalties based on false assumptions.
Accusations of Mental Health Issues
To gain full custody of their children, a husband spreads false rumors that his wife suffers from untreated mental illness, making her unfit to be a parent. If the court believes these false claims, the wife could lose child custody or, at the very least, be required to undergo unnecessary evaluations—potentially losing her parental rights based on fabricated information.
False Accusations on Social Media
During her divorce, a wife posts on social media that her husband is physically abusive—even though this is entirely false. These accusations are seen by friends, family, and potentially the court. If the judge believes the claims, the husband’s chances of getting joint custody could be jeopardized, and he might even face restraining orders or limited visitation.
Blog Post About Infidelity
In a blog post, a husband writes that his wife had multiple affairs during their marriage, even though she remained utterly faithful. These written accusations could damage the wife’s reputation, leading the court to view her in a negative light, possibly affecting alimony or the division of assets if infidelity becomes a factor in the case.
Emails to Employers Claiming Theft
During her divorce, a wife sends an email to her husband’s employer, falsely accusing him of stealing from the company and hiding the assets during the divorce. Doing so could create suspicion around the husband’s financial conduct, potentially impact the division of assets, and put him at risk of unjust financial penalties or jail time.
What Do I Do If I’m the Victim of Defamation?
Most defamation cases require aggressive advocacy. At Christman | Daniell Attorneys, we help our clients develop and execute the best strategies to defend themselves against these accusations. If the offending party’s actions cause significant harm, financial compensation and obtaining retractions or corrections of defamatory statements should also be pursued.
Christman | Daniell Attorneys’ goal is to protect our client’s interests, equip them for a difficult journey, and deliver the skilled legal advocacy and advice they deserve during what is undoubtedly a difficult time in their lives.
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