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  1. #1
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    Default Libel in Divorce Proceedings

    My question involves defamation in the state of: Florida

    My father is in the middle of a divorce and his wife is acting as her own attorney. She filed papers asserting that he has told her that he has either bipolar disorder or schizophrenia, which he never has. Is he able to sue her in small claims court for libel?

    Also, my dad lives in Alabama while his wife lives in Florida. Their divorce is filed in Alabama. Where should he file the small claims court case? I think Alabama has limits of $3k and Florida is $5k.

  2. #2
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    Default Re: Libel in Divorce Proceedings

    What are his damages?

  3. #3
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    Default Re: Libel in Divorce Proceedings

    Is it correct that you don't have to prove that there were actual damages. Isn't it presumed by the publication of the libel?

  4. #4
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    Default Re: Libel in Divorce Proceedings

    No, this is not true. It depends on where you are and the circumstances, but, generally, this is not a case an attorney will be willing to take on without unconscionable (sp) circumstances.

  5. #5
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    Default Re: Libel in Divorce Proceedings

    You mentioned small claims court. That can be done without an attorney. However, I don't really see your father having a case based on just what you posted. Again, what are the damages?

  6. #6
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    Default Re: Libel in Divorce Proceedings

    Quote Quoting dsdallas30
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    My question involves defamation in the state of: Florida

    My father is in the middle of a divorce and his wife is acting as her own attorney. She filed papers asserting that he has told her that he has either bipolar disorder or schizophrenia, which he never has. Is he able to sue her in small claims court for libel?

    Also, my dad lives in Alabama while his wife lives in Florida. Their divorce is filed in Alabama. Where should he file the small claims court case? I think Alabama has limits of $3k and Florida is $5k.

    Alabama small claims courts do not entertain, that is, have jurisdiction, to hear defamation actions. From what I can also determine, FL does not also.

    Lets' assume FL does and you can sue an out of state defendant per the rules, which appears so.

    1. You may not have a viable cause of action (?), as it may be tantamount to giving testimony on the witness stand, there is generally absolute immunity.

    Any possible contempt of court action, you would have to show it was an out and out lie. Even if the referenced statements were not spoken and she said they were, even if provable, it forms no basis for defamation, IMO.

    2. Unknown here, but some states recognize inter-spousal immunity, meaning you can not sue a spouse for damages, whether it includes defamation now,??


    Divorce proceedings are notorious for lies, exaggeration of opinions, etc. IF lies are told, assuming this was, defamation requires publication to a third party, a court filing is not such as far as I understand the law.

    IMO, best course of action, deny the allegation in a filing when the time comes. IF the Judge were to consider it as factual, she would need to present medical documentation of such.

  7. #7
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    Default Re: Libel in Divorce Proceedings

    Quote Quoting BOR
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    2. Unknown here, but some states recognize inter-spousal immunity, meaning you can not sue a spouse for damages, whether it includes defamation now,??

    I did a little research on this, it seems, as I thought, most states have abolished this doctrine, but a few still recognize it.

    This case has a list of states:

    In the twentieth century, most courts either abrogated or provided exceptions to interspousal immunity. See Johnson v. Johnson, 77 So. 335 (Ala. 1917);

    Waite v. Waite, 618 So.2d 1360 (Fla. 1993);


    http://72.14.205.104/search?q=cache:...lnk&cd=6&gl=us


    I don't know exactly what torts these cases address without looking them up at a law library, as the case here is a car accident. They may or may not include defamation??

  8. #8
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    Default Re: Libel in Divorce Proceedings

    Quote Quoting BOR
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    I did a little research on this, it seems, as I thought, most states have abolished this doctrine, but a few still recognize it.


    In the twentieth century, most courts either abrogated or provided exceptions to interspousal immunity. Waite v. Waite, 618 So.2d 1360 (Fla. 1993);

    Here is the Wait case, so in FL, yes, you can sue a spouse for damages if I am reading it right. The dissent opinion mentions defamation, as if to "open the door" to a flood of lawsuits??

    Finally, we note that thirty-two states have abrogated the doctrine of interspousal immunity completely, Waite v. Wait@, 593 So. 2d 222, 225, 229-31 (Gersten, J., dissenting), leaving Florida in a shrinking minority.


    http://www.law.fsu.edu/library/flsup...3/op-79463.pdf

    Then the issue of small claims and jursidiction, not only personal but subject matter arises, as the divorce case was filed in AL?

    IF it were to be in a higher court with subject matter jusisdiction, then the "necessary elements" of defamation STILL must be shown when pleading such.

    The Alabama Johnson case permits a spouse to sue another, but I do not know what tort (s) it covers, or the limitability of it?

    Wow, I am tired after all that?


    Filing a lawsuit sometimes requires hours of legal research and preparation, even a small claims one, otherwise, a good attorney can get it dismissed.



    Post script: sorry about the spousal immunity debacle, I should have tried to check first!!

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