I suspected of course, but I didn't realize the extreme to which my
divorcing spouse was defaming my character as a husband, father and
step-father to her friends, family and presumably her attorney, until
I recently overheard a conversation that she was having with a friend.
My question is this, how do I counter these false claims, since I now
have no doubt that she plans to incorporate these distortions and
outright lies in her divorce case.
What can be reasonably be done on my part? Do I inform my attorney?
And if so what can she do? How do I convince her of the falsehoods?
The divorce filed by her was supposedly done so as "no fault", BUT
there is an additional line that claims "..inappropriate marital
behavior.." on my part.
Does the addition of this line in fact make it a `Fault divorce'? Now
I'm realizing just how potentially damaging these defamatory remarks
she is making about me might actully turn out to be.

---

Request for Question Clarification by expertlaw-ga on 11 Nov 2002 03:13 PST

Dear tomtgs,

What state are you in? (As divorce laws vary from state to state, this
may be relevant to your inquiry as to the impact of the line regarding
"inappropriate marital behavior".)

< Divorce.
It appears that your divorce is no longer a no-fault divorce and that
you are being blamed for the breakdown of the marriage. Inappropriate
marital conduct is grounds for a fault divorce in Tennessee.
Inappropriate marital conduct can cover a multitude of categories
including cruel and inhuman treatment, adultery, sexual misconduct,
abusive language and can even be spending time with a person of the
opposite sex without sexual or romantic contact.

Clearly you need to find out exactly what you are being accused of.
Depending on the severity of the accusations being made, they could
affect child custody and property division.  It is therefore important
to contact your attorney.

Defamation of character.
Defamation of character can have serious consequences for the person
defamed in both their professional and personal lives.

Defamation of character is when someone either says or writes
something about you that may be construed to lessen your reputation.
If someone defames your character you can sue for damages. The
information said or written must be false. You will also need to prove
that it is false. You will need witnesses to prove the defamation of
character. If the information is oral it is called slander. If it has
been written or printed it is called libel.

From what you have said in your question you may have a case for
defamation of character. In your case your divorce papers may provide
physical evidence of libel and testimonies made in court may provide
evidence of slander. For statements made out of court to other
individuals, you would need to bring these people or witnesses in
court to testify.

From your point of view proving that the statements are false can be
difficult particularly if your wife claims that incidents happened in
private. However your attorney should be able to help you to build a
case.

In addition to damages, one of the remedies for cases of this kind can
be an order to publish in a newspaper that the statements made were
false.

Your best course of action would be to inform your attorney who will
be able to advise you on your options.>


<Additional links:>

<Definition of defamation.>
<http://www.lawinfo.com/legal-audio/real/14880.htm>

<Divorce.>
<http://www.filedivorce.org/>

<Definition of inappropriate marital conduct.>
<http://www.lawexit.com/id23.htm>

<Divorce in Tennessee>
<http://www.memphismemphis.com/richbourglowry/divorce.htm>

<Defamation>
<http://www.dancingwithlawyers.com/freeinfo/libel.shtml>

<Tort>
<http://www.xrefer.com/entry/166904>


<Search strategy:>

<"defamation of character">
<://www.google.com/search?hl=en&lr=&ie=ISO-8859-1&q=%22defamation+of+character%22>
<"inappropriate marital conduct">
<://www.google.com/search?hl=en&lr=&ie=ISO-8859-1&q=%22inappropriate+marital+conduct%22&btnG=Google+Search>


<Hope this helps.>

---

Request for Answer Clarification by tomtgs-ga on 11 Nov 2002 10:08 PST

Thank you for your response. I live in Rutherford County, TN.
 May I add one additional question?.. I have been seeing an attorney
since June of this year, yet she never once mentiontioned that this
was in fact a FAULT divorce case, would there be any good reason for
not bringing this to my attention?

---

Clarification of Answer by belindalevez-ga on 11 Nov 2002 22:39 PST

<I can think of no good reason why this should not have been pointed
out and fully explained to you. Clearly you need to discuss this
matter with your attorney.>

but what are the possible damages owed to him, if he can prove that
this was libel or slander?