Q: What can I do to recover damages? Anything?
My now ex wife worked with me in my business. She ended up having an affair with one of our employees. During her deposition she did not admit to a relationship with the employee but as soon as our divorce was final he moved in and made it public through social media. She has posted damaging comments on my business social media page with the same last name as me. She is constantly making my life miserable and wants my business damaged and closed now that she got her 1,050,000 dollar pay out. Covid has really cripple my business and now I am stuck paying this massive divorce aggrement while she with holds my son from me seeking contempt on not making a $100k payment this past April. This is a fraction of the stuff that has happened but mostly a highlight.
Is adultery out of the question at this point since our divorce was finalized on 9/2019?
I know there hasn’t been a case for adultery in about 30 years but there has to be something I can do
A: If you feel that the conduct on line is defamatory that is not a divorce issue, but a tort issue and there are attorneys who address defamation whom you can contact about a potential case. Adultery was also a criminal offense and while it is a ground for divorce you went another route-although there would really not be a true financial incentive to go with an adultery ground as it is more financial misconduct and adverse effects on children that the Court is concerned about.
A: As counsel has already stated if she's making defamatory statements about your business that is an issue outside your divorce. However, I do think there are issues you could address in your divorce on other matters. First, would be a potential modification if you are unable to make payments due to a substantial change in circumstances. Additionally, withholding a child from seeing their parent due to monetary issues is not allowed and a contempt could be filed against her. You should contact an attorney to give more specifics and get a better idea of what would be the best route for you.
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