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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
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Experience:  Attorney experienced in all aspects of family law
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I am going through a divorce proceeding, in the State of California.

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I am going through a divorce proceeding, in the State of California. My soon to be exhusband, left at the end of April, this year, and proceeded to remarry at the end of May. He claims the seperation date is April, 2001 (in 2001 he filed for dissolution, but did not proceed as we reconsiled.), and I claim April 2011. My attorney is confident that I have sufficent proof that my date is correct. I have learned, that for the past 6+ years, my husband has been telling everyone that he was divorced. He has had numerous affairs during our 25 year marriage. He also is telling people that I am a drug addict, alcoholic and that I have slept around to "get my fix." I work with high school students along side the discipline principal and our scool districts' police. I do field sobrity tests on students almost daily. I do not use drugs and have an occasional glass of wine. In 2001, in a declaration he claims that a drug dealer stole my vehicle. The court, at that time ordered him to file a police report, which was done. Two weeks after the report was filed, my husband returned the vehicle to me, admitting that he had someone take the truck from where I was staying. He also filed 3 false domestic violence reports with the police in 2001. The declarations that have been filed by him now, 2011, are full of false accusations that he will be unable to prove. I have taken a drug test for him, which was negative, but he still is using drug use when spreading his vicious lies about me. My question is, can I sue him for defamation or slander? And if I can, is it his burden of proof or mine. I am sick of his lies, and want him to stop, but don't know how I can do this. With the bigomy and all the lies and affairs, I feel like he has robbed me of my dignity.
Submitted: 5 years ago.
Category: Family Law
Expert:  Brandon M. replied 5 years ago.
Hello there:

Thank you for entrusting me with your question. Knowingly false statements made in court filings are generally immune from claims of defamation (including slander) because the remedy is criminal--it constitutes perjury. However, statements made out of court to third parties that are false and damaging generally subject the defendant to civil liability for defamation of character. The burden of proof is on the plaintiff. Just be aware that the statute of limitations for defamation of character is generally two years.

Let me know if further clarification is needed. Also, please feel free to ask me another question – if you’re a subscriber, you can do so at no additional cost beyond your monthly payment. Please bookmark my profile page here so you can come back and ask me a question anytime: Thank you.

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