5 Tips for Talking To Your Spouse about Divorce

Be Certain

Before you talk to your spouse about getting a divorce, make sure that’s what you want. As divorces become less and less taboo, people often get caught up in their emotions and get divorced before they’re ready. This is a big (and often expensive) decision to make so before you actually talk to your spouse about it, try to consider all your options. Decide if the issues that are making you want a divorce are permanent. Consider how this will affect your family and if that’s something you’re willing to risk.

Talk to A Lawyer

If you’re sure you want a divorce, it’s never a bad idea to talk to a lawyer first. Most places you will be able to find a lawyer who offers some sort of free consultation if you don’t already have one on retainer. This is especially important if you expect your spouse to react badly to the suggestion. Obviously it will be a difficult conversation, but if your spouse is likely to be angry and act rashly, getting a lawyer’s advice before you start could be critical for your case. A lawyer will be able to offer advice specific to your case that advice you find online won’t be able to provide.

Set Aside Time

When you bring up getting divorced, make sure you have some time to talk to your spouse about it. This can be difficult, but it’s important to make the other party feel like their opinions are being heard. If you tell them on your way out the door, they may feel like you are trying to shut down their reaction. Divorces are always easier when they are done amicably so just by listening to their reaction, you might lessen the burden. Let them know you care about their feelings without making any promises about the future.

Leave Out The Details

Your spouse may want to talk about the specifics of the divorce. The emotional impact will be huge, but they will begin wondering about how things will be sorted materially as well. They will likely ask you questions about alimony, child support, and the division of your estate. Though you probably have some ideas about how these things should be sorted, it’s best not to discuss them until a lawyer is present. If your spouse attempts to discuss these issues just let them know that you’re not ready to talk about it.

Don’t Bargain

Many people will try to bargain their way out of a divorce they don’t want. Whether this means offering incentives to stay or deterrents to leave, it’s best to avoid conversations like this. If your spouse tries these methods, let them know you have made up your mind and the details can be decided later.

Is It Defamation? Slander and Libel in Florida

Here in the United States, it can be difficult to know when you have a case for defamation. To protect our freedom of speech, the laws surrounding slander are quite tight. There are some very specific qualifications for cases of defamation. Before you talk to a lawyer, it may be helpful to review these qualifications and ensure your case fits the charge. Here are some factors to consider in your defamation case.

Falsehood

In order to make a case for slander, the defendant’s statements must be proven to be untrue. This means that opinions do not qualify as defamation. If a person is saying that they don’t like you, that is not slander, but if they’re saying you’ve done something you haven’t, you may have a case. In Florida, the plaintiff can argue that the implications of a true statement were false as well in cases where facts are twisted to create a false idea of a person’s behaviour.

Material Harm

You must be able to prove in a court of law that you suffered some material loss due to what the defendant said about you. This is most often a loss in wages, but loss of property or even affects on personal relationships have been cited in defamation cases.

Negligence or Actual Malice

In general cases, it must be proven that the defendant was negligent, but if you’re a public figure, you must also prove they acted with malice. Malice can be difficult to distinguish, but if the defendant knew their statements were false, then rest assured, they likely acted with actual malice.

Defamation Per Se

In some states, Florida included, the law states that certain cases specifically are defamation. In Florida, these cases are ones in which it is insinuated that you are afflicted with a terminal illness, engaged in criminal activity, or has acted in a way unbecoming to their profession.

Internet Defamation

In the United States, there is law specific to defamation that occurs online. You cannot charge a hosting site for an act of slander, only the person who posted the falsehood can be charged.

Statute of Limitations

You must bring the issue to the courts within two years of its occurrence for the case to be considered. In cases of internet defamation, this statute applies to the date the post was made, not when it was most recently accessed.