Is it slander to use the term "ex-wife" after annulment?

[annulmentbro]

Jurisdiction

California

Since an annulment legally erases a marriage like it never happened, the woman is not the man's "ex-wife" in a legal sense. But if he uses that term to refer to her in casual conversation, is it slander? If he used that term in published writing, would it be libel?

Marriage and annulment happened in Nevada, both parties live in California

 

[army judge]

But if he uses that term to refer to her in casual conversation, is it slander? If he used that term in published writing, would it be libel?

Using such an expression (ex-wife) would be neither unless a court determined it to be so.

Frankly the terms "ex-husband" or "ex-wife" seem awkward to me.

I use the terms "former spouse", "former friend", "prior affiance", or "previous betrothed".

 

[annulmentbro]

Using such an expression (ex-wife) would be neither unless a court determined it to be so.

Thanks! I guess whether or not a court would determine it to be so is the big question. Do you think they would be likely to do so or not?

 

[army judge]

Thanks! I guess whether or not a court would determine it to be so is the big question. Do you think they would be likely to do so or not?

De Minimis Non Curat Lex is Latin describing a common law principle.

It has been restated as: the law does not take note of trifles or small things.

This would be considered an insignificant thing.

 

[zddoodah]

But if he uses that term to refer to her in casual conversation, is it slander? If he used that term in published writing, would it be libel?

No. Defamation (of which slander and libel are species) requires a statement that is harmful to the subject's reputation and, in most cases, requires evidence of damages (typically monetary damages). It also requires a false statement of fact. Notwithstanding the legal effect of an annulment, I can't imagine any court concluding that it is false to refer one's ex-spouse as such simply because the marriage was terminated by an annulment. Even if such a statement were regarded as being false, it wouldn't even come close to meeting the first requirement I mentioned and almost certainly would never result in any financial damage.

Just for the heck of it, why do you ask?

 

[mightymoose]

I think anyone claiming slander/libel based on just that would have a very difficult argument ahead of them. It really is a petty issue.

 

[ElleMD]

"Ex-wife" and "ex-husband" are not legal terms. There are also different kinds of annulments. A religious annulment only has meaning within the denomination which granted it. It does not have any effect on the legal status of the marriage. The reverse is true of a civil annulment.

Even if you were to refer to someone as your ex-wife to whom you were never married in any way, it isn't defamation, it is just a lie.

 

[cbg]

Thanks! I guess whether or not a court would determine it to be so is the big question. Do you think they would be likely to do so or not?

I think that in the unlikely event that this ever got in front of a judge, the judge would tear strips out of whatever idiot thought this was a worthwhile enough issue to waste his time with, and in the event that a further response was needed, would yell, HELL NO that's not even up for discussion - get your petty grievances out of my courtroom and start behaving like adults before I fine you for taking up my time with your nonsense.