Can my husband and/or his girlfriend sue me for slander or defamation of character?

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Can my husband and/or his girlfriend sue me for slander or defamation of character?

When Ifound out my husband had snuck his girlfriend into our home (which is both our names) I went in and caught them in the act of adultry. I took photos for the divorce, then I posted them on-line for our friends and family to see.

Asked on July 24, 2011 Georgia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Slander is a form of defamation; slander is verbal. Libel is written defamation. There are always exceptions to any accusation of defamation and one of them is the truth. So, if you posted pictures online of your husband in the act of adultery, keep in mind that if he indeed was committing adultery, the defamation suit if any won't stick. However, he may have an invasion of privacy and she may have an invasion of privacy claim that might stick. Further, keep in mind that your posted pictures may have the impact of ending his employment and if so, there goes your chance of any alimony or support payments. Any online activity is considered public usually but acts in the home may not be and so while they may not win a lawsuit for defamation, they could obtain a judgment against you for invasion of privacy, for pornographic type shots (if let's say she didn't have any clothes on and you took her photo) and other torts like intentional infliction of emotional distress. This is in no way should take away from what they did to you and you may wish to look into whether your state has any precedent cases concerning lawsuits against mistresses for breaking up marriages.


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