Defamation is a 'disfavoured cause of action,' in the US, presumably because people believe in a free country they should be free to say anything degrading about anyone and as a matter of public policy, it's a good idea to make it hard for people to successfully accuse others of defamation. If you sued him for defamation, you would (a) probably lose; (b) go to considerable expense both financially and emotionally; and (c) even if you won, could he pay any judgment large enough to pursue? Adultery is something contemporary family courts do not really want to hear about. The personal morality of a spouse or ex-spouse is generally irrelevant to divorce decisions. Exposing children to adult sex, however, is frowned upon. But surely you'd want to confront him with the facts and demand that he stop, rather than rush into court? Find an experienced matrimonial lawyer and discuss the whole matter with him or her, with all the details.
Answered on Jun 26th, 2015 at 10:48 AM