Defamation in Divorce in North Carolina

Attorney and client reviewing divorce paperwork with rings and gavel—consultation on defamation in divorce.

Are false statements making your divorce unnecessarily difficult? You might feel frustrated, hurt, or unsure about what to do next. Lies can affect your reputation, your time with your children, and the outcome of your case. But you don’t have to allow them to continue unchecked.

A Raleigh divorce lawyer from Charles R. Ullman & Associates can look at what’s happenhttps://www.charlesullman.com/contact-using and explain what steps make sense for you. If someone else has crossed the line, you may have options to set the record straight. Contact us now to get started with your confidential consultation and discuss spousal defamation during divorce.

What Qualifies as Defamation in Divorce?

Defamation in divorce happens when one spouse makes a false statement about the other and shares it with someone else, harming the person’s reputation. Defamation is also divided into two main categories:

  • Libel – False and damaging statements made in written form
  • Slander – Spoken false or damaging statements

Not every insult or opinion counts as defamation. The statement must sound like a fact and damage the person’s reputation or cause other harm, such as financial loss.

Certain types of statements can count as defamation “per se,” which means the court assumes reputational damage occurred, even with no proof. Some examples include false claims that someone committed a serious crime or has an infectious disease. A statement that tends to harm the person’s profession or otherwise cause ridicule, contempt, or disgrace can also be considered defamation per se.

Other statements, such as vague character attacks, might not count as defamatory unless the person shows evidence that the statements caused specific harm, such as a job loss. The courts decide whether statements count as defamatory by considering how serious they were, whether they were believable, and whether they reached others. A true statement, even if hurtful, does not qualify as defamation.

Impact of Defamation During Divorce Proceedings

False and damaging statements can make divorce cases much more difficult. They can change how the court handles custody, property, and support decisions. For example, if one spouse wrongly accuses the other of abuse, neglect, or addiction, the court might limit the accused’s child custody, even if the claim turns out to be false. These false allegations can also hurt careers, damage friendships, and create tension with family if they spread beyond the courtroom.

Judges expect parents to act in the child’s best interest, so lies or attacks often reflect poorly on the person making them. Harmful statements can also delay the divorce process and make it more expensive and stressful. Defamation creates serious legal risks and personal fallout that can last for years.

Legal Remedies for Defamation During Divorce

If a false and harmful statement affects someone during divorce, that person may file a lawsuit for defamation. In North Carolina, the time limit to bring this claim is typically one year from the date the defamatory statement was made or shared.

The person filing must show that the statement was false, was shared with someone else, was presented as fact, and caused real harm. That harm can include damage to reputation, humiliation, lost income, mental distress, or other losses for which the affected party can seek compensation. Courts may also award extra money in the form of punitive damages if the person making the statement acted with malice or clear intent to cause harm.

However, some types of speech, like statements made in court filings or hearings, are protected under legal immunity. Someone who lies under oath can be held responsible for perjury, though.

A lawyer can review the facts of your case and advise you on whether you have a claim strong enough to move forward. An experienced family law attorney can also defend your reputation throughout the divorce process and fight back against any untrue claims your spouse may make.

Defenses Against Defamation Claims

If someone gets accused of defamation of character in divorce, they might be able to defend themselves in court in various ways. Any of the following defenses could cause a defamation lawsuit to fail:

  • The person proves the statement was true.
  • The statement was made in court or during official legal proceedings.
  • No one else heard or read the statement besides the person named in it.
  • The statement didn’t actually cause financial loss, emotional stress, reputational damage, or other harm.

How to Protect Yourself from Defamation in Divorce

If you’re worried about what your spouse might say about you in a divorce, you can take steps to protect yourself. You don’t have to accept false stories or watch them spread without doing anything. You can:

  • Keep a detailed written record of statements and events.
  • Save emails, texts, and social media posts.
  • Avoid sharing private details online or with people you don’t trust.
  • Let your divorce lawyer know about any false claims right away.
  • Limit direct contact with your spouse unless required.
  • Ask the court for orders that limit false or harmful speech.
  • Gather witness statements from people who can support your side.
  • Stay calm and do not respond emotionally to false claims.
  • Talk with your attorney about whether a defamation claim makes sense for you.

When to Consult an Experienced Attorney

Divorce is rarely easy, and it becomes even harder when one side spreads harmful lies. At Charles R. Ullman & Associates, we take these cases seriously and work closely with our Raleigh clients to protect their rights and reputations throughout the divorce process. Here’s how one former client described their experience working with us:

“Charles Ullman understands what you’re going through and will be on your side the whole way through should you decide to hire him. I can’t recommend him and his firm enough.” – G B RN

If your former spouse has made false statements about you during your divorce, now is the time to take action. The attorneys at Charles R. Ullman & Associates have what it takes to protect your character and fight for the fair outcome you deserve when filing for divorce. We have more than 25 years of dedicated family law experience and are led by a North Carolina State Bar-Certified Family Law Specialist. Call us today at (919) 829-1006 to set up a confidential consultation and get the clear advice you need about your legal options.

About 

Charles Ullman & Associates provides you respected, experienced and knowledgeable divorce and family law attorneys. You can trust us to help you through the legal process efficiently and effectively so you can transition to the next phase of your life. Our community involvement reaches beyond charitable support of important causes. We launched our own movement in Fraternities4Family and provide scholarships to able students in need.