Is it slander to use the term "ex-wife" after annulment?

[annulmentbro]

Since an annulment legally erases a marriage like it never happened, the woman is not the man's "ex-wife" in a legal sense. But if he uses that term to refer to her in casual conversation, is it slander? If he used that term in published writing, would it be libel?

Marriage and annulment happened in Nevada, both parties now live in California

 

[Zigner]

Since an annulment legally erases a marriage like it never happened, the woman is not the man's "ex-wife" in a legal sense. But if he uses that term to refer to her in casual conversation, is it slander? If he used that term in published writing, would it be libel?

Marriage and annulment happened in Nevada, both parties now live in California

Why does this matter?

 

[PayrollHRGuy]

The wife would have to show recoverable damages for it to matter.

 

[quincy]

Since an annulment legally erases a marriage like it never happened, the woman is not the man's "ex-wife" in a legal sense. But if he uses that term to refer to her in casual conversation, is it slander? If he used that term in published writing, would it be libel?

Marriage and annulment happened in Nevada, both parties now live in California

No. It is not slander. No. It is not libel.

Although legal actions like annulments and expungements can erase records, they cannot erase the past or the memories of those who lived that past. Truth is a defense to defamation.

 

[Zigner]

I can think of one instance where this could be a case of defamation per se. If the OP will give more details, then we'd know.

 

[quincy]

I can think of one instance where this could be a case of defamation per se. If the OP will give more details, then we'd know.

Implying consummation of the marriage and giving rise to a question of chastity?

 

[Zigner]

Implying consummation of the marriage and giving rise to a question of chastity?

I don't want to give it away - would like the OP to tell us why this is a concern first.

 

[quincy]

I don't want to give it away - would like the OP to tell us why this is a concern first.

Gotcha.

 

[annulmentbro]

I can think of one instance where this could be a case of defamation per se. If the OP will give more details, then we'd know.

I'm not sure what kind of details you are looking for. Do you have any questions that would help? The annulment case was based on the man lying and saying he would have children with the woman, then revealing after the marriage that he never intended to have children with her.

 

[quincy]

I'm not sure what kind of details you are looking for. Do you have any questions that would help? The annulment case was based on the man lying and saying he would have children with the woman, then revealing after the marriage that he never intended to have children with her.

There is no defamation in calling the former wife an ex-wife then, based on what you have said.

 

[Zigner]

I'm not sure what kind of details you are looking for. Do you have any questions that would help? The annulment case was based on the man lying and saying he would have children with the woman, then revealing after the marriage that he never intended to have children with her.

I'll ask again. Why do this matter.

I'm also going to ask an additional question: Why does this matter to you?