A question of Libel...?

[tpk55]

What is the name of your state (only U.S. law)? CA
I have been separated/divorced for 10 years. 8 years ago I remarried (happily) but have continued to have trouble with my ex. In Sept. 2010 I was granted full legal and physical custody of my (16 today) son, and there is ongoing legal details that will be completed in March '11. Due to the extreme costs of litigation over all these years, I have decided to pro per it. My ex is now also doing the same, but she has filed papers with the court that state that I remarried while we were still married (her dates are off by 2 years, plus) and that she has claim to property, etc... that was acquired long after our divorce... what if any recourse do I (and my wife) have? Would this be grounds for libel, defamation? Any advice would be appreciated.
TPK

 

[FlyingRon]

Things put forth in court filings and testimony usually are not grounds for libel or defamation. Simple mistakes or misbeliefs are not libelous anyhow. The subject matter here, even if intentionally misstated, doesn't seem to rise to the level of libel. All you need do is provide documentation of her errors and you will be made whole.

Civil matters are conducted by a preponderance of evidence that indicates one side is more correct than the others. Dates of marriage and divorce are pretty easy to verify.

 

[tpk55]

Thank you

...for the info.