My wife had an affair with another man and I caught her. I have substantial proof of the affair and filed for divorce under adultery. She threatened to sue me if I filed under adultery and/or ever told anyone that she had an affair. Should I have a real concern with this matter since divorce case records in my state (South Carolina) are publicly accesible? Should I be worried that she will sue if I tell my friends the details of the divorce?
Estate Planning Attorney
Truth is an absolute defense to slander. Filing for a divorce under the fault ground of adultery does not constitute slander if there is evidence. A divorce attorney will be able to help you further.
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2 lawyers agree
Divorce / Separation Lawyer
If it's true it isn't slander (or libel) and generally speaking Court filings are protected from suit for libel (though I don't know for sure in SC). You'd be best advised to find a family law attorney to discuss this with further.
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Medical Malpractice Attorney
Slander and libel cases are never easy to win and truth is always an absolute defense. Also, allegations made in court filings are privileged and cannot be the subject of a libel or slander action.
That being said, it is never a good idea to "try" your divorce case to your friends. You never know what will get back to your wife and I'm certain your attorney will prefer that you not discuss it, don't post about it on Facebook or anywhere else and simply keep it private. As much as you want to vent, it is better for your divorce that you not.
This answer is provided as a public service for informational purposes only. Providing this information does not create an attorney-client relationship. As with all legal matters, you should contact an experienced attorney in your geographical area to discuss the law specific to your state. For more information, see www.hendricksonlaw.com.
Car / Auto Accident Lawyer
IN South Carolina, Defamation of Character has one main statute specific defense, truth. So long as you can prove what you say is true, you would have a valid defense to any suit she might bring as to Defamation of Character. However, in the context of a divorce case, be careful what you tell friends because they could be subpoenaed and deposed. Anything you discuss with anyone other than your attorney has most likely lost its privileged status and therefore is open game for discovery by the other side. It would be wise to seek legal counsel with regards to this matter.
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