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Defamation of Character

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Lu Lu

Junior Member
What is the name of your state?I reside in Texas.

My estranged husband has filed for a divorce against me and I was just served a few days ago. Upon reviewing the divorce petition, his attorney has filed for Grounds for Divorce as "Respondent is guilty of cruel treatment toward Petitioner of a nature that renders further living together insupportable".

According to what I have read in the internet these grounds of "Cruelty" alleges that your spouse is guilty of such cruel treatment that you can't possibly go on living with him or her.. This covers the gamut from mental cruelty to physical abuse.

Does he have to prove this in writing or by any means of evidence? If not, wil lthis remain in the divorce decree?

These are false accusations and when I file an answer and counter-claim, I want to make sure that the Judge is aware that I can prove that he was the one guilty of cruelty.

Can I file a suit in District court at the same time filing my answer to respond to the divorce that his statement of cruelty is a false accusation and since he has signed the divorce petition that his statement is true, this would be considered a legal document. Due to his statement and false accusations, I am suffering from major depression?

I have never been convicted of a crime in my life. I have never had anyone state in writing in any form that I am guilty of cruelty.

Have there been any cases in the state of Texas that a person can file a Defamation action against their spouse?

I am preparing my case on my own and I will do my best to represent my self because I am unable to afford a divorce attorney.

Any advise would be greatley appreciated. If anyone has any state laws that would apply to my case I can use it in preparing my counter-claim. Thank you for your time!
 


ENASNI

Senior Member
um

Of the reasons for getting a divorce, which one would you rather he chose.


a. CRUELTY
b. ADULTERY
c. CONVICTION OF FELONY (at least 1 year in prison)
d. ABANDONMENT
e. LIVING APART (for at least 3 years)
f. CONFINEMENT IN MENTAL HOSPITAL (for at least 3 years)

This is a DIVORCE.. it is going to be nasty. You really need to consider getting an attorney if just the initial proceedings has you jumpy.
 

Lu Lu

Junior Member
Thanks!

I would rather he filed Grounds for discord or conflict of personalities.

Cruelty sounds extremley harsh and makes me look like I am a criminal. Yes, I know it's going to be nasty!

I'm glad I found this site by error. Been reading a lot of threads and finding useful information.

Still need answers to my original question: Defamation of Character Action. Does this apply?
 

LdiJ

Senior Member
Lu Lu said:
I would rather he filed Grounds for discord or conflict of personalities.

Cruelty sounds extremley harsh and makes me look like I am a criminal. Yes, I know it's going to be nasty!

I'm glad I found this site by error. Been reading a lot of threads and finding useful information.

Still need answers to my original question: Defamation of Character Action. Does this apply?
Hon, get yourself an attorney. You really need one and it will ease your mind considerably.
 

BelizeBreeze

Senior Member
Lu Lu said:
Still need answers to my original question: Defamation of Character Action. Does this apply?
No wonder he's divorcing you. You don't have the sense God gave a worm.

He can call you a slut with the slimest disease in the world in court papers and you can't touch him.

Now did he hurt your feelings??
 

Bali Hai

Senior Member
Lu Lu said:
What is the name of your state?I reside in Texas.

Does he have to prove this in writing or by any means of evidence? If not, wil lthis remain in the divorce decree?

Not if you agree to it. Yes.

These are false accusations and when I file an answer and counter-claim, I want to make sure that the Judge is aware that I can prove that he was the one guilty of cruelty.

Doesn't matter, you will be divorced just the same.

Can I file a suit in District court at the same time filing my answer to respond to the divorce that his statement of cruelty is a false accusation and since he has signed the divorce petition that his statement is true, this would be considered a legal document. Due to his statement and false accusations, I am suffering from major depression?

Nobody including the judge is buying that.

I have never been convicted of a crime in my life. I have never had anyone state in writing in any form that I am guilty of cruelty.

Not until now.

Have there been any cases in the state of Texas that a person can file a Defamation action against their spouse?

Maybe.

I am preparing my case on my own and I will do my best to represent my self because I am unable to afford a divorce attorney.

Good luck.

Any advise would be greatley appreciated. If anyone has any state laws that would apply to my case I can use it in preparing my counter-claim. Thank you for your time!
Get a lawyer at any cost, even if it takes you the rest of your life to pay the bill.
 

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