When your spouse contacts your employer during an Orlando, Florida area divorce, there are remedies you may pursue to attempt to stop this behavior, including injunctive relief. What you can do next depends on a number of factors. Ask yourself the following questions before deciding what to do next:
- What is your spouse saying about you?
- Is this something that could jeopardize your employment and your source of income?
- Is it just unflattering comments that do not jeopardize your employment?
Initial Steps You Can Take
The first step to take in this situation is telling your spouse to stop. You can start by sending a cease-and-desist letter to your spouse. This may work, but if it does not, you can file an injunction against your spouse. In order to obtain an injunction, you must show irreplaceable harm. Next, you can ask the court to tell your spouse to stop. If your spouse has caused financial loss or loss of economic opportunity, you may also be able to recover monetary damages under a civil court suit.
Financial Options to Pursue
Your spouse contacting your employer may lead to financial loss or loss of economic opportunity. If this happens, you have a couple of options. You may include the allegations that your spouse made to your employer and request injunctive relief in your petition for dissolution of marriage, or you may file a separate motion for injunctive relief, depending on the stage in your divorce litigation at which the spouse’s actions occur. You may also be able to file a lawsuit for monetary damages in a civil suit if a civil attorney determines you have a cause of action.
What You Need to Provide
Before proceeding with an injunction, you need to collect evidence. You need to be able to spell out the times and dates that your spouse contacted your employer, what they said to your employer, and how the spouse’s comments are jeopardizing your employment. You must include evidence that proves that there was economic loss due to your spouse’s actions. You must state that you need it to stop now to prevent further economic loss. You must spell out what your spouse did, how it affected you, and that, if it does not stop, you will suffer irreparable harm.
If You Cannot Pay Due to Your Spouse’s Actions
If your spouse is requesting alimony or attorney’s fees, yet hurts your ability to make a living, then you may be able to make an argument in court that, at the current time, you cannot pay alimony and attorney’s fees because you are involuntary underemployed due to your spouse’s harassing actions that caused your loss of income and/or loss of employment.
If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.
This article is for informational purposes only, and it does not form an attorney client privilege.