Call me today for a 15 minute consultation
David R. Hartwig, Esq.
Family Law & Divorce
Attorney & Counselor at Law
Veteran Military Discount

Defamation & Divorce – Oh the terrible things they say!

On Behalf of | Mar 3, 2017 | Defamation, Divorce Conflict

During, and after, a divorce terrible things can be said, posted, blogged, or otherwise made public by one party about the other. This happens, and it happens often; and, it can be very hurtful and damaging.

The very best thing to do is your mother’s old adage, “If you don’t have anything nice to say, then don’t say anything.” If you follow that saying, then you should be safe.

But, what happens when the other side does it? What can you do when the other side emails lies to your family and friends, or posts those lies on Facebook, or tweets them? Or worse yet, sends things to your boss, your clients, or your religious leaders?

Well then you need to have some restraining orders in place — either as temporary orders, while the divorce is pending; or, as permanent orders, when the divorce is done. The order is important in that if you have one you can then ask the judge to hold the other side in contempt and punish the other side (including the potential of being awarded your attorney fees) when that other person violates the order.

This is particularly important if there are children in the divorce and custody is in issue. The children need to be kept out of the divorce; and, the need to be protected from a parent working to make the child choose a parent, or otherwise alienate the child from the other parent. No one should stand for such pressures being placed on a child in a divorce!

If the words get truly ugly, remember that some claims or accusations can be considered defamation per se, which means you don’t have to show you were damaged by the nasty claims. But, if things are really ugly, you may need to file a separate defamation claim, as in Utah one cannot bring such an action in the divorce case itself.

You don’t have to suffer the “slings and arrows” that the other side aims at you. You have options available to protect your and your reputation. You just need to stand up and pursue those options.

I am David R. Hartwig, Esq., a Salt Lake City attorney with extensive experience helping parents resolve simple or high-conflict custody issues reaching arrangements that work for children and parents. Child custody involves parent-time and visitation schedules, and can affect support. I help in all of these areas, providing comprehensive service clients need to achieve their custody goals.

Factors In Child Custody Decisions

As an experienced Utah child custody lawyer, I understand that custody cases may become a contentious issue even years after an order is finalized. The trend in Utah toward joint custody often creates messy, unworkable situations, which ultimately lead to enforcement issues when parents do not abide by their custody orders.

The best interests of the child must be considered, including:

• Whether joint legal or physical custody will benefit the child’s physical, psychological and emotional needs, or the child’s development

• The parents’ ability to give first priority to the child’s welfare, and reach shared decisions in the child’s best interest

• Whether each parent is capable of encouraging and accepting a positive relationship between the child and the other parent

• Whether both parents participated in raising the child before the divorce

• The distance between the parents’ homes

• The parents’ maturity and their willingness and ability to protect the child from conflict that may arise between the parents

• The parents’ ability to cooperate with each other and make decisions jointly

• Any history of, or potential for, child abuse, spouse abuse, or kidnapping

• Any other factors the court finds relevant

Despite the complicated and sensitive nature of custody matters, I have helped many clients successfully establish custody orders.

Get Help With Your Child Custody Issue

If you have a child custody issue, please contact me, David R. Hartwig, Esq. I am an experienced Salt Lake City custody lawyer dedicated to helping clients resolve complex custody issues and implement necessary custody orders. For high-conflict cases, I am also one of the few Utah child custody modification attorneys trained as a Special Master for ongoing dispute resolution.

FindLaw Network

Practice Areas