Stopping Defamation???

[HelpInGA]

What is the name of your state? Georgia

I am in the midst of a divorce. My husband and I own a company together. I have agreed to give him the company as soon as I can get my own incorporation, bonding, and licensing. He continues to work, but he has the checks made out to him personally rather than in the name of the company. This is fine with me.

Here is the problem. I am in a field similar to law enforcement and my reputation and ethics are everything in my field. Many, many years ago, (more than 12) I had a run in with the law. The record has since been expunged and I have not had more than a speeding ticket since. My husband is being very malicious and is threatening to pull up this record, which still exist on paper in a certain county, and defame me with it. If taken seriously, this could end my career. Is there anything I can do??

I don't believe it falls under lible or slander because it is not a lie. But his only reason for sharing such information would be for malicious intent. Is there anything that can prevent him from doing this either civil or criminal?

Thank you.

 

[seniorjudge]

Q: I don't believe it falls under lible or slander because it is not a lie.

A: You are correct.

 

[LdiJ]

What is the name of your state? Georgia

I am in the midst of a divorce. My husband and I own a company together. I have agreed to give him the company as soon as I can get my own incorporation, bonding, and licensing. He continues to work, but he has the checks made out to him personally rather than in the name of the company. This is fine with me.

Here is the problem. I am in a field similar to law enforcement and my reputation and ethics are everything in my field. Many, many years ago, (more than 12) I had a run in with the law. The record has since been expunged and I have not had more than a speeding ticket since. My husband is being very malicious and is threatening to pull up this record, which still exist on paper in a certain county, and defame me with it. If taken seriously, this could end my career. Is there anything I can do??

I don't believe it falls under lible or slander because it is not a lie. But his only reason for sharing such information would be for malicious intent. Is there anything that can prevent him from doing this either civil or criminal?

Thank you.

You might want to suggest that your husband consult a tax professional before he continues to have the checks put in his name rather than the company name. There may be tax ramifications that he won't expect....and they could be expensive.

Other than that, can you specifically identify what is causing him to be malicious and treatening? What motivates that? If you can identify it there might be something you could do to aleviate it. Otherwise, there isn't much you can do, other than change your mind about financial settlements if he damages your career.

 

[HelpInGA]

Discolsing Expunged record

Thank you for your comments and help.

As for making other financial arrangements etc. in the divorce, my husband's behavior is strictly due to his injured pride that I filed for divorce. There is nothing that can be changed about that. I am wife number four...and all prior divorces have been handled in the same malicious way.

I do have another question concerning his big mouth...

I found that in Florida it is a misdemeanor for someone to disclose the details of a crime that is part of an expunged record. Is this also true in Georgia??

If so, what is the OCGA?

Thank you.

 

[HelpInGA]

Possible Gag Clause is Divorce Decree??

My husband and I shared many secrets during our marriage. On "television" I have seen people talk about clauses being made part of their divorce decrees that certain details of their relationship or lives would not be made public or shared.

Is this really possible?

What would this clause be called?

Is it possible to have this sort of thing implemented before the divorce is finalized? During the separation period?

Thank you.

 

[SHORTY LONG]

I have a question. You stated that you are in the field of Law enforcement, correct?
If so, do you not think your background will not be scrutinized with a fine tooth,
and comb? Just my observation; no disrespect to you personally.

 

[HelpInGA]

Discolsing Expunged record

I stated that I am in a background "similar" to law enforcement. My background has been scrutinized and gone over several times, over the past several years. As I stated, there is only one misdemeanor charge and the record has been expunged. Therefore, it has never shown up on any background checks. I am not concerned with it showing in my background.

My concern is my husband running his mouth about what he knows. There is a "paper" file in an archive somewhere that can be dug up and shared with others. This would be enough to greatly cause damage to, if not end my career.

I am wanting a way to stop him from doing this.

In Florida it is against the law for someone to disclose the details of an expunged record? Is this true in Georgia?
What is the OCGA Code?

Is there any way I can have a clause in our divorce decree stating that we cannot share secrets exhanged during our marriage? How explicit do I have to be in this clause? Can the decree be sealed?

Can I have some kind of gag order to shut him up during our separation?

Thanks.

 

[Silverplum]

Never, ever, EVER play poker. You aren't a player.

The more you squawk about this, the more your stbx will know that it matters desperately to you. The more you jump and point at this *thing* in your past, the more attention you will draw to it.

 

[HelpInGA]

Disclosing Expunged record

My soon to be ex husband is COMPLETELY & TOTALLY aware of what this could do to me. If he had not ALREADY made the threat to share the expunged record... I would not be here asking for help.

He is a manipulative SOB.. that is why I am divorcing him...among other things.

Besides... I am not "squawking" to him.. I am asking legal advice on this LEGAL ADVICE forum.

Is there anyone who has advice or answers to the questions I posed??


Thank you.

 

[LdiJ]

My soon to be ex husband is COMPLETELY & TOTALLY aware of what this could do to me. If he had not ALREADY made the threat to share the expunged record... I would not be here asking for help.

He is a manipulative SOB.. that is why I am divorcing him...among other things.

Besides... I am not "squawking" to him.. I am asking legal advice on this LEGAL ADVICE forum.

Is there anyone who has advice or answers to the questions I posed??


Thank you.

I think that you need a consult with a local attorney. I don't think that anyone here has those answers.

 

[moburkes]

Did he become this way before or after you became wife #4? Sorry, couldn't resist.

However, this expungement did not completely erase the record.

 

[HelpInGA]

Non-Disclosure in divorce??

I am aware that the expungement did not completely erase the record....

I am aware that it exist on paper, in an archive somewhere...

I am also aware that it does not show up on any GCIC or NCIC or FBI background search.

I am concerned (because he has threatened to do so) that my soon to be ex will go dig through the archive, make a copy and blab his mouth and possibly ruin my career.

I am aware it is not libel or slander because it is not false or a lie...

But... it there any law against him sharing this information because it is not his personal record and the record has been expunged for good reason. ... so it would not follow me around the rest of my life which is exactly what he intends to have happen...

If there is some law, somewhere, I could make him aware of it and hopefully he will reconsider his threat.

Also... is there such a thing as a Non-Disclosure or Confidentiality in a Divorce Decree???

If so... is it possible to have this take effect during the separation???

Thank you.

 

[Silverplum]

Re-read LdiJ's post #10.

 

[SHORTY LONG]

Re-read LdiJ's post #10.

Yes, as Silverplum shared: Re-read LDiJ's post #10. At least the Lawyer may
also pose a suggestion for filing a Permanent Injunction against your stbx if
nothing else; food for thought!

Hi ya Silverplum My best to you & the Marines.