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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31022
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am in process of getting a divorce which i DO not want at

Customer Question

i am in process of getting a divorce which i DO not want at all. She says she is afraid of me and does not want to be alone with me. I have known her for 45 years and been married for 42 years. I have never even threatened her and definitely never hit her. HOwever, in October 2015, she attacked me. I curled myself up in a ball on couch and did not fight back even though she had scratched my arms That was the 2nd time she had attacked me. She has been telling her friends that she is afraid of me and it is obvious they are afraid because of what she has told them. I would NEVER hurt her. Two questions, one, can I sue for defamation of character if divorce does go through after the divorce is final?. Two, we are to have our division of property to the court on April 4. Is there any way to slow this process down?
Submitted: 8 months ago.
Category: Family Law
Expert:  Roger replied 8 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 8 months ago.

Defamation requires proof that she knowingly made a false statement about you in an attempt to harm your character. The problem with situations like this is that if it is her OPINION that she's afraid of you for some reason, she's entitled to that opinion and can't be sued because she possesses that opinion.

Expert:  Roger replied 8 months ago.

However, if she tells people that you've done certain things that you actually have not, and if those things were said to harm your character, then you could sue on that basis.

Expert:  Roger replied 8 months ago.

So, as you can see, your ability to pursue a defamation claim really depends on your facts and whether or not the statements are opinions or alleged facts she knows to be untrue.

Expert:  Roger replied 8 months ago.

In regard to slowing the process down, the only real way to do that is to file a motion to continue the property division hearing date......you may have to tell the judge that you're not prepared for the hearing, that you need to get more information together, that you're going to be out of town on the court date, etc.

Expert:  Roger replied 8 months ago.

If you need anything further or if you have any additional questions, please let me know.