Defamation Claims in High-Conflict and High-Profile New York City Divorce
In today’s world of digital communication and social media, defamation claims are increasingly intersecting with divorce litigation, especially in high-conflict or high-profile cases where reputation and credibility are everything. A recent decision from New York’s Appellate Division, Marcigliano v. Coulianidis (2025 NY Slip Op 05945, 2d Dep’t), highlights the high legal bar for defamation claims arising from statements made during family court proceedings.
Absolute Privilege in Judicial Proceedings
In Marcigliano, the plaintiff who was the maternal grandfather in a custody-related matter sued the child’s father for defamation based on statements made in a petition alleging that the grandfather’s home was unsafe and abusive. The Second Department dismissed the case, reaffirming a long-standing rule:
Statements made in the course of a judicial proceeding are absolutely privileged as long as they are material and pertinent to the issues before the court.
This means that when parties, attorneys, or witnesses make statements within court pleadings or testimony, no matter how harsh or damaging, those statements cannot serve as the basis for a defamation lawsuit, provided they are relevant to the case.
Strict Pleading Standards for Defamation in New York
Outside of the courtroom, defamation claims must meet stringent pleading requirements under CPLR 3016(a). A plaintiff must:
Identify the exact words alleged to be defamatory,
Specify the time, place, and manner of the statement, and
Identify to whom the statement was made.
Failure to meet these requirements almost always leads to dismissal. This standard protects individuals from frivolous or retaliatory defamation claims—especially in emotionally charged divorce cases where accusations often fly.
The Implications for Divorce and Custody Litigation
In high-conflict or high-profile divorces, allegations of abuse, neglect, or financial misconduct can spread quickly—both in and outside the courtroom. Yet this decision underscores a critical distinction:
In-court statements (such as those made in affidavits, petitions, or during testimony) are absolutely protected.
Out-of-court statements—particularly those made to third parties, on social media, or to employers—may still expose a party to defamation liability if false and malicious.
For high-net-worth individuals or public figures, where reputation management is crucial, navigating these boundaries with strategic legal counsel is essential.
Strategic Counsel for High-Stakes Cases
At Mindin & Mindin, P.C., we represent clients in high-conflict and high-profile divorce and custody cases throughout New York, including matters involving:
Defamation and false allegations,
Reputational damage and press exposure,
Orders of protection and custody disputes, and
Strategic litigation management in sensitive, public cases.
We understand the stakes when accusations threaten not only your parental rights but your career and public image. Our approach combines experienced litigation with media-sensitive strategy to protect your name, your rights, and your future.
If you’re facing a high-conflict divorce or custody case where reputational issues are at play, contact Mindin & Mindin, P.C. at (888) 501-3292 or click here to schedule a confidential strategy session with our team.