What constitutes slandering, libel or defamation of character?

If you are concerned about your children, your quest for revenge will not improve their situation.

If you did not witness them having sex, you better be careful. You must state facts that you can prove.

You need to let it go and move on. Lawsuit can be real extremely expensive and the best revenge is a new life with a better husband.

Two wrongs don't make a right. Think about your kids. Do you want them to see that? It sounds like you are headed for divorce court, anyway. I'd save it for court. Talk to a divorce lawyer or counselor.

Putting forth the "truth" to a 3rd party does not constitute slander, libel or defamation. That said, anyone can sue another, regardless of the merits.

Truth is a defense to libel, slander, and defamation. However, that doesn't necessarily apply to violation of rights of privacy. You may want to think twice about posting on the internet.

Here's the California jury instruction for Defamation: 1702. Defamation per se? Essential Factual Elements (Private Figure?Matter of Public Concern) [Name of plaintiff] claims that [name of defendant] harmed [him/her] by making [one or more of] the following statement(s): [list all claimed per se defamatory statement(s)]. To establish this claim, [name of plaintiff] must prove all of the following: Liability 1. That [name of defendant] made [one or more of] the statement(s) to [a person/persons] other than [name of plaintiff]; 2. That [this person/these people] reasonably understood that the statement(s) [was/were] about [name of plaintiff]; [3. That [this person/these people] reasonably understood the statement(s) to mean that [insert ground(s) for defamation per se, e.g., ?[name of plaintiff] had committed a crime?];] 4. That the statement(s) [was/were] false; and 5. That [name of defendant] failed to use reasonable care to determine the truth or falsity of the statement(s). Actual Damages If [name of plaintiff] has proved all of the above, then [he/she] is entitled to recover [his/her] actual damages if [he/she] proves that [name of defendant]?s wrongful conduct was a substantial factor in causing any of the following: a. Harm to [name of plaintiff]?s property, business, trade, profession, or occupation; b. Expenses [name of plaintiff] had to pay as a result of the defamatory statements; c. Harm to [name of plaintiff]?s reputation; or d. Shame, mortification, or hurt feelings. Assumed Damages If [name of plaintiff] has not proved any actual damages for harm to reputation or shame, mortification, or hurt feelings but proves by clear and convincing evidence that [name of defendant] knew the statement(s) [was/were] false or that [he/she] had serious doubts about the truth of the statement(s), then the law assumes that [name of plaintiff]?s reputation has been harmed and that [he/she] has suffered shame, mortification, or hurt feelings. Without presenting evidence of damage, [name of plaintiff] is entitled to receive compensation for this assumed harm in whatever sum you believe is reasonable. You must award at least a nominal sum, such as one dollar. Punitive Damages [Name of plaintiff] may also recover damages to punish [name of defendant] if [he/she] proves by clear and convincing evidence that [name of defendant] either knew the statement(s) [was/were] false or had serious doubts about the truth of the statement(s), and that [he/she] acted with malice, oppression, or fraud. 1704. Defamation per se?Essential Factual Elements (Private Figure?Matter of Private Concern) [Name of plaintiff] claims that [name of defendant] harmed [him/her] by making [one or more of] the following statement(s): [list all claimed per se defamatory statement(s)]. To establish this claim, [name of plaintiff] must prove all of the following: Liability 1. That [name of defendant] made [one or more of] the statement(s) to [a person/persons] other than [name of plaintiff]; 2. That [this person/these people] reasonably understood that the statement(s) [was/were] about [name of plaintiff]; 3. [That [this person/these people] reasonably understood the statement(s) to mean that [insert ground(s) for defamation per se, e.g., ?[name of plaintiff] had committed a crime?]]; 4. That [name of defendant] failed to use reasonable care to determine the truth or falsity of the statement(s). Actual Damages [If [name of plaintiff] has proved all of the above, then [he/she] is entitled to recover [his/her] actual damages if [he/she] proves that [name of defendant]?s wrongful conduct was a substantial factor in causing any of the following: a. Harm to [name of plaintiff]?s property, business, trade, profession, or occupation; b. Expenses [name of plaintiff] had to pay as a result of the defamatory statements; c. Harm to [name of plaintiff]?s reputation; or d. Shame, mortification, or hurt feelings. Assumed Damages Even if [name of plaintiff] has not proved any actual da

Of course she can sue. Why don't you leave it alone. She may not win but it will be ugly and expensive for you and everybody involved.

Truth is an absolute defense to defamation claim. However, you could still get sued whether it has merit or not. Best to talk to an attorney privately about this.

I would recommend counseling with a family law attorney before you take such actions. While the truth is a complete defense, attorneys are not free. You would be better off spending your resources more productively. Chances are all will come up, including the personal embarrassment too both of the parties, in a divorce action.

Truth tends to be a defense in a slander and libel case. However, will doing that actually get you what you need? If you start blabbing to the world what has happened, you will give your husband one more reason to try and screw you. Your best bet is to get a good family law attorney and use the proof of the adultery as a basis for getting more than half of the community property. Don't do something that will end up costing you more in the long run.

Liable is written defamation of character. Slander is spoken defamation of character. However, truth (the statements written or spoken being true) is a defense to a lawsuit for libel or slander. It would be best for you, and most importantly your two young children, to not make the already bad situation you three are dealing with worse by "exposing their deeds on the internet". Be strong by forgiving and moving on to greater happiness and success, and show your children that great example and it will bless your life and theirs. Good luck to you and your two children during this challenging time.