Libeled by ex-spouse

[RunRabbitRun]

What is the name of your state? CT

Scenario
Ex-wife is perceived to be mentally ill. Ex-wife fabricates claim of mental and physical abuse, then sends emails to 10 people saying ex-husband tried to kill her while married, and also claims ex-husband abused her and children. The allegations are absolutely false but have caused irreparable harm to ex-husbands reputation.

In addition, public statements like these are a direct violation of a marital separation agreement stating nothing is to be said to the children which would cause harm to the parent/child relationship.

Questions
Why is the burden of proof on the ex-husband to prove the statements are false?
Is this the sort of defamation case worth pursuing?

The ex-husband would really like to shut the ex-wife up once and for all.
Thank you.

 

[quincy]

If you were to sue your ex-wife for defamation, your ex-wife would basically have two defenses open to her - opinion (fair comment and criticism) is one (and opinion would be determined by the wording of the emails sent), and truth is the other. If your ex-wife were to use truth as her defense, she must show that the statements she made were true, or to her belief they were true.

You must show that she "published" these statements with undue care or negligence, that these statements once published affected your reputation (stating or implying someone has committed a criminal act assumes some reputational injury in most states) and that there are demonstrable damages.

If the statements made affected your income or you were monetarily damaged in some way, you could be entitled to actual damages (also called pecuniary or special damages). These are based on the "actual" money lost due to the defamatory comments.

Compensatory (or general) damages are awarded for injury to the reputation (this would not be a fixed amount but rather determined by the court).

In addition, some states allow for the award of punitive damages (Massachusetts, for instance, does not allow for punitive awards but I am not sure about Rhode Island), which are based on the amount of harm done and the amount of "punishment" the court feels is necessary. Again, this is not a fixed amount and not awarded in all states.

Whether you should bring a defamation action against your wife would best be determined by you and any attorney you hire in Rhode Island. There are always several factors to consider before bringing a court action, with cost being a major one. Defamation suits are expensive to bring and time-consuming and, even with a win (which is never guaranteed even with the best of evidence), you then may have difficulty collecting on any damages awarded. If your ex-wife is wealthy, no problem. Otherwise, problem.

Another thing to consider is the marital separation agreement clause which says nothing should harm the relationship between the parent and child. A lawsuit, especially a defamation lawsuit, would certainly violate that clause.

Let me also add that divorces are almost always contentious and very few wise people believe entirely what one battling ex-spouse says about another. Even divorce court judges recognize that half of what they hear are lies. And, one more note, saying that your ex-wife is "perceived to be mentally ill" can be considered defamatory.