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Can your ex falsely accuse of you of misconduct during divorce?

On Behalf of | Oct 25, 2022 | Defamation

When someone files for divorce, they may become very antagonistic toward their spouse. People often don’t want to consider their own contributions to the failure of their marriage and instead want to blame everything on their soon-to-be ex.

Sometimes, a person who feels wronged by the circumstances of the marriage may publicly talk about what they believe was an unfair situation with exaggerated language. Other times, someone who engaged in misconduct themselves may try to cover up their own misdeeds by accusing their spouse of misconduct like drug use or infidelity.

If your spouse has recently taken to social media to make allegations against you related to your pending divorce, could you hold them accountable for defaming you?

Divorce-related posts online may constitute defamation

For someone’s statements about you to constitute defamation, they typically need to be untrue and to have caused damage to your reputation. If your spouse tells their 500 followers on social media that you cheated on them, that could do real damage to your reputation in the community. So could allegations that you mistreat your children or regularly abuse illegal drugs.

Even though it is untrue and a statement they have no way of proving, many people might believe the claims against you. They may spread the story, making it hard for you to support yourself and maintain a positive relationship with others.

Those dealing with a bitter soon-to-be ex making inappropriate and negative statements online may need to go to court to stop them. A successful claim could also have an impact on the outcome of a pending divorce. Recognizing when a situation involving your spouse constitutes defamation can help you protect your reputation during an already difficult time.