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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27888
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My spouse served me with divorce papers, alleging adultery.

Customer Question

My spouse served me with divorce papers, alleging adultery. The individual is a co-worker, who is a friend outside of the office. Apparently we were photographed after hours together, and my spouse declared intention to contact my company to get us both fired. Can she disrupt the office, and can she use the information she has from her research to spread around to other people to attempt to damage my work and personal reputation?
Submitted: 2 years ago.
Category: Family Law
Expert:  LawTalk replied 2 years ago.
Good morning,

I'm sorry to hear of your dilemma.

There is little that you can do to prevent her from making trouble for the two of you at work.

If the photos are incriminating of an adulterous affair, or she can prove the adultery, then you might as well get ready for the flood of gossip. If you are guilty, it would likely be in your best interest to confront your supervisor with the information before they learn through the grapevine---it will be less painful in the long run. If the photos are innocent, and she spreads untrue stories, lies of adultery and it really is a lie, you might sue her for Defamation.

From a legal standpoint, defamation is the issuance of a false statement about another person, which causes that person to suffer harm.

1. Slander typically involves an oral (spoken) representation.
2. Libel involves the making of defamatory statements in a printed or fixed medium, such as the internet, a magazine or newspaper.

In order to win a defamation case, you must prove the following:

  1. A false and defamatory statement was made about an individual;
  2. The statement was made to a third party;
  3. If the defamatory matter is of public concern, (for example if you are a famous person) fault amounting at least to negligence on the part of the publisher.
  4. Finally, you must show that you have suffered damages.
I wish you the best in 2011.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.


Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug


LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27888
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
LawTalk and 12 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
But can she release the photos to others?
Expert:  LawTalk replied 2 years ago.
Good morning,

Well, it won't be illegal to do so. You might try seeking a restraining order, to prevent her from passing them around town---but she will certainly be able to use them in the divorce case if they are relevant. As for the restraining order, you might get it, you might not. All you can do is try.

You need a family law attorney retained today, to start to prepare a defense in this matter and try to put a halt to the public crucifixion she likely has in mind for you.

I wish you success.

Doug

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