Found an issue on this page? Let us know and we will look into it as soon as possible.
Can I sue my ex-husband for slanderous comments made in Catholic annulment process
Anonymous2 views2 answers
My ex-husband is seeking a Catholic annulment from our marriage. In his written testimony to the Tribunal he stated that before he met me he knew I dated for money and even called me an "everyday street walker". He also stated I had abortion before I met him which is a lie. He also stated that I abused my son. All of these statements are a lie. I am a mental health professional with 2 state licenses - one as a LCSW (licensed clinical social worker) and one as a registered nurse. I work with both licenses in the mental health field. So the Catholic Tribunal had a mental health expert make a report on all the slanderous accusations made about me by my ex-husband and gave me a diagnosis of bi-polar with mixed features with a DSM-IV ICD code. Can I sue my ex-husband for these statements.
You could sue the s.o.b. for these statements, but you probably shouldn't. If he has a lot of money, the case will be vigorously fought. Necessarily, because of the nature of the statements in question, the defense will enjoy open season on you -- all of your medical, relationship, mental health, sexual, financial and social histories. Every little bit of it, repeatedly, over a course of a couple of years. You will be forced into at least one and maybe more "independent" mental evaluations with him having substantial powers to select or approve the examiners. He will get to repeat what he has said before, and even say much worse than that, and all of that will be beyond redress by any lawsuit. He will demand grueling and burdensome depositions of your friends and family and they will have terrible experiences in those depos. I could go on and on, but you get the idea.
If he has no money, then your case would not be nearly as long and drawn out, but he still gets a carte blanche as to additional allegations and plenty of invasive and painful tactics against you and your circle of family and friends. And then, if you win, it is all for nothing because he has no assets to pay the judgment. Also, if he has no money, you will not find a lawyer to take your case on contingency and you cannot afford to fund this kind of litigation out of your pocket.
My heart breaks for your situation. My practice is exclusively the representation of professional licensees who are at risk of losing their licenses, and many of my clients are R.N.s and CSWs. I understand why you are worried as well as angry. If I thought that it could possibly work out to your benefit, I would encourage you to use everything the law of defamation allows to redress the harm that has been done. But I can't endorse this course of potential legal action.
Do you have any rights or access to process to request or demand that the Tribunal not publish this matter? Can it be sealed and kept confidential? I strongly recommend that you seek out a good lawyer in your area, one that is active and known in the Catholic community, for representation. A great deal of hurt and damage has already been done to you, but much can yet be prevented. It will be worth the cost of some attorney time to intercede with the Tribunal for consideration in my view.
I wish you well and better days.
