Legal Question in Family Law in Maryland

Can I sue for Deflamation of Character

Can I sue if I have been named as an adultress in a divorce case.


Asked on 10/17/00, 8:07 pm

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: Can I sue for Deflamation of Character

Such suits are rarely fruitful in terms of obtaining money damages.

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Answered on 11/15/00, 12:44 pm
Carolyn Press Chung & Press. P.C.

Re: Can I sue for Deflamation of Character

You can't sue because of allegations made in court or in court documents. If the same allegation that you committed adultery was made outside of court, you might be able to sue. To win you would have to convince the judge or jury that the allegation was not true, that the person who accused you knew, or had reason to know, that it was untrue, and that you have been harmed by the accusation. Any judgment in your favor would be based on evidence of the extent of damage to you. Only if you could demonstrate that people believed the false accusation and as a result you had significant financial losses would you have a chance of a large money judgment. If you did win in court, you still might have trouble collecting on the judgment, unless the person you sued is someone with a lot of assets. If that person filed bankruptcy after you filed your suit, or after you got a judgment, you would be out of luck. It is extremely hard to win a defamation case and collect on the judgment. I have found that while winning and collecting is difficult, it is usually not difficult to put a stop to defamation by having a lawyer write a letter to the person who is spreading the false accusations, warning that person of the possible consequences if the accusations don't stop.

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Answered on 11/15/00, 1:59 pm


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