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Internet Defamation of character - post divorce

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camster39

Junior Member
What is the name of your state (only U.S. law)? NJ

My ex-wife is posting weekly articles under a fake name -- the articles contain some horendous things about me and my current wife.

Although she uses an alias, here are my concerns:

1 - She tells everyone about these articles. The way I came to know about these articles is that a close friend of mine was in a store speaking to an acquaintance of my ex-wife. This acquaintance then started telling, in great detail, how a close friend of hers writes a weekly column in a specific paper (and gave the name of that paper) based on and ex-husband that does "xxxxxxx" and "yyyyyy" where his current wife does 'xxxxx' and 'yyyy'. These xxx and yyy's were so obvious that my close friend said 'stop right there - i know exactly who you are talking about'. She confronted her and her face turned white. If someone can talk openly about this in a store I can only imagine what else is said around town. My good friend immediately told me about this, we googled some simple key words that were said in the store and boom!! the results were there. All my dirty laundry that would devastate my children if they ever read them -- clearly visible to the world.

2 - Over the past several years, it is no secret that my ex-wife has been spewing some filthily details about our divorce to everyone she can find. This includes mutual friends, her hair dresser, old colleagues that I used to work with etc... My daughters friend was at dinner with her parents and some other friends. Some of the adults were talking about us and even my daughters friend picked up on it --- pretty sick stuff. The inlaw of those parents is one of my daughters Doctors --- everyone and everything is connected very easily.

3 - Although the articles are written as anonymous, there are pictures of my ex-wifes house, current boyfriend, boyfriends children, specific dates of our divorce, specifics about my children etc...There is no doubt that anyone reading these articles can easily connect the dots and determine that this is me and my current wife that they are speaking of.

Where do we draw the line of freedom of speech and defamation of character? While many of the items that she writes about are true there are many that are 100% fabricated. What constitutes defamation -- Of particular concern to me are the outright lies about me and my children.

The internet is a scary place. I have NO DOUBT that at some point in the future my son's friends parents will read these articles. Kids have no boundaries - "hey, I heard that your Dad is an 'xxxxx' - my Mom read it on the internet. Then what happens to my son? His entire class googles some simple keywords and the entire school knows about it. Imagine how this must feel to a 10 year old?

What can I do from a legal standpoint? My attempts to ask my ex to stop have simply results in more articles regardless of the affect this can have on my children.
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? NJ

My ex-wife is posting weekly articles under a fake name -- the articles contain some horendous things about me and my current wife.

Although she uses an alias, here are my concerns:

1 - She tells everyone about these articles. The way I came to know about these articles is that a close friend of mine was in a store speaking to an acquaintance of my ex-wife. This acquaintance then started telling, in great detail, how a close friend of hers writes a weekly column in a specific paper (and gave the name of that paper) based on and ex-husband that does "xxxxxxx" and "yyyyyy" where his current wife does 'xxxxx' and 'yyyy'. These xxx and yyy's were so obvious that my close friend said 'stop right there - i know exactly who you are talking about'. She confronted her and her face turned white. If someone can talk openly about this in a store I can only imagine what else is said around town. My good friend immediately told me about this, we googled some simple key words that were said in the store and boom!! the results were there. All my dirty laundry that would devastate my children if they ever read them -- clearly visible to the world.
Your dirty laundry is your dirty laundry but no where do you say she is telling lies. Rather it is stuff you did. NO defamation.

2 - Over the past several years, it is no secret that my ex-wife has been spewing some filthily details about our divorce to everyone she can find. This includes mutual friends, her hair dresser, old colleagues that I used to work with etc... My daughters friend was at dinner with her parents and some other friends. Some of the adults were talking about us and even my daughters friend picked up on it --- pretty sick stuff. The inlaw of those parents is one of my daughters Doctors --- everyone and everything is connected very easily.
And? IF the filthy details are true, no issue with defamation.
3 - Although the articles are written as anonymous, there are pictures of my ex-wifes house, current boyfriend, boyfriends children, specific dates of our divorce, specifics about my children etc...There is no doubt that anyone reading these articles can easily connect the dots and determine that this is me and my current wife that they are speaking of.
And if it is true it is not defamation.

Where do we draw the line of freedom of speech and defamation of character? While many of the items that she writes about are true there are many that are 100% fabricated. What constitutes defamation -- Of particular concern to me are the outright lies about me and my children.
If she is publishing lies (what is 100% fabricated?) then that could be defamation.

The internet is a scary place. I have NO DOUBT that at some point in the future my son's friends parents will read these articles. Kids have no boundaries - "hey, I heard that your Dad is an 'xxxxx' - my Mom read it on the internet. Then what happens to my son? His entire class googles some simple keywords and the entire school knows about it. Imagine how this must feel to a 10 year old?
If it is true that you are an xxxxx then there is nothing that can be done about it. You should have thought about the consequences before being an xxxxx.

What can I do from a legal standpoint? My attempts to ask my ex to stop have simply results in more articles regardless of the affect this can have on my children.
If she is writing the truth it is NOT defamation. SO what are the fabrications you state?
 

camster39

Junior Member
In answer to your questions - yes, absolutely, there are SOME elements of her posts that are lies. Completely untrue, unfounded and just straight out lies.

However, some of the information is true. If I had to guess, let's say 70% true 30% lies.

Does that constitute defamation then? Even though it was posted as anonymous?
 

Ohiogal

Queen Bee
In answer to your questions - yes, absolutely, there are SOME elements of her posts that are lies. Completely untrue, unfounded and just straight out lies.

However, some of the information is true. If I had to guess, let's say 70% true 30% lies.

Does that constitute defamation then? Even though it was posted as anonymous?
It could but unless someone sees the content or you explain details as to what she is saying are lies, there are issues.

She could say your wife is a slut and that could be a "lie" but not defamation. She could say you are a drunk and that could be a "lie" but not defamation.
 

mistoffolees

Senior Member
It could but unless someone sees the content or you explain details as to what she is saying are lies, there are issues.

She could say your wife is a slut and that could be a "lie" but not defamation. She could say you are a drunk and that could be a "lie" but not defamation.
You'd have to provide the details - but then YOU would be posting information about your situation. Should your new wife sue YOU for defamation?

And, as OG told you, anything true can not be defamation, so you're down to a small number of false things.

My ex has told all of her friends all sorts of things about me. She told them I was mentally ill (absolutely not true) and that I was a homosexual which is why the marriage ended (also not true - an interesting sidebar to her narcissistic personality disorder. She is absolutely incapable of seeing that she had any part in the breakup, so it had to be all my fault).

My response? I simply ignored her. Some things aren't worth fighting about - and her friends are never going to be friends of mine, anyway, so it's not important.

The one time she DID step over the line (having a friend tell one of my daughter's teachers that I am gay), a simple letter from my attorney (cost me $60, IIRC), put a stop to it.

Pick your battles. Unless it's something that endangers a security clearance or jail time, I would ignore it.
 

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