The practice area should really be FAMILY LAW and I will be changing it for you so that the proper attorneys will review your situation and provide you with an answer. Best of luck.
Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
Generally, statements made in court proceedings that are related to the action are protected speech so a defamation suit against your ex-husband will be futile. You should retain a family law attorney who can present evidence on your behalf in family court rebutting any claims of fraud and misrepresentation against you. Good luck.
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No, you wouldn't have a case for defamation because there is an absolute privilege for remarks made during judicial proceedings, which includes statements made in any pleadings or other papers--such as declarations--filed in the case.
Ms. Berjis is licensed to practice law in the State of California. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship.
As stated in a previous response, there is litigation privilege that protects parties to litigation from suing each other if the defamation statements were made in the course of court proceeding.
Your only remedy would be to request sanctions against your ex for false statements, prolonging the increasing the cost of litigation under Family Code 271
As prior answers have explained, the litigation privilege allows litigants to say whatever outrageous things they wish in the context of their case.
If, however, the evidence is overwhelming clear that your ex-husband was acting in bad faith and unnecessarily driving up your legal expenses, then you have an action for sanctions (i.e. attorney's fees) pursuant to one or more sections of California law.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
Perjury is a criminal matter. If you want to report that he made false statements under oath maybe you can get the state or district attorney interested in filing charges. However, this is probably a long shot.
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