Consequences of Libel & Slander in a Georgia Divorce Case

• Libel or slander can complicate a divorce. Verity Welstead/Polka Dot/Getty Images

  A range of emotions may accompany a couple's divorce. A spouse may feel compelled to speak hurtfully about the other person, especially if the divorce has become contentious and difficult. However, individuals going through divorce in Georgia should learn about the state's tort laws regarding defamation. Libel or slander can create unwanted consequences in divorce or related legal issues. Individuals who believe they have experienced libel or slander may wish to consult with their divorce attorneys or speak with a Georgia tort lawyer who handles defamation cases.

Libel and Slander Definitions

• "Libel" refers to a false and malicious statement about an individual, expressed through print, writing or images. "Slander" refers to a false and malicious statement about an individual that the perpetrator conveys through oral speech to a third party. Georgia oversees libel and slander allegations according to the tort defamation laws of the state set forth under the Georgia Code. The state provides a definition for slander under Georgia Code Section 51-5-4 and a definition for libel under Section 51-5-1.

Divorce Grounds

• An individual petitioning for divorce through the Georgia legal system must establish grounds to get the divorce, unless the individual files a no-fault divorce petition alleging an "irretrievably broken" marriage. State law lists the available divorce fault grounds in Georgia Code Section 19-5-3, including impotency at the time of marriage, adultery, desertion and habitual intoxication, among others. Libel and slander may be relevant to Georgia domestic relations cases if an individual makes false or malicious allegations to create grounds for divorce. The other spouse may be able to file a defamation lawsuit under state tort laws, depending on the circumstances of the situation. However, defamation law also provides a defense against defamation lawsuits, which again depend on each case's particular circumstances.

Child Custody Considerations

• A couple with children together must reach a child custody arrangement, also known as a parenting plan, as part of their divorce proceedings. According to the State Bar of Georgia, the family court must consider a number of factors when making parenting plan orders--one of these factors asks whether each parent can facilitate a positive relationship between the child and the other parent. If one parent has engaged in contentious speech about her ex-spouse, or has participated in libel or slander against her ex-spouse, those activities might affect efforts to obtain child custody.