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Is this a case os slander?

Question Details: My fiance put some blogs up on the Internet that are only viewable by close family and friends. My ex-wife is now saying she is going to sue us for slander for it even though she has not read any of the posts etc... Does she have a case and should I be preparing one as well?

Asked 8/16/2009 under Divorce, Marriage, Alimony | 263 View(s) | More Legal Topics

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John Compatore / Compatore Law, PS Answered 2 years ago | Contributor This attorney is licensed in Washington

Slander is using disparaging words SPOKEN about another.  Libel is using disparaging words that are WRITTEN about another.

So, this may be Libel, because it was written.  Truth is a TOTAL defense, so if what was written can be proven to be true, your ex-wife cannot sue and recober.

If your divorce is proceeding now, your wife MUST bring this claim in the divorce action - she cannot bring a separate action if your divorce is now pending.

If your words were NOT TRUE, you may still be ok if your words wre only your "opinion". If you made a statement of opinion as opposed to fact, youre statement may not support a claim for defamation.  Another defense exists if you merely transmitted a message without knowing its content; that's called "innocent dissemination".

All in all, you should see an attorney to discuss the facts of this case.

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