Lesson from Duchovny case: charges of adultery can lead to law suit for defamation

David Duchovny’s alleged paramour has denied an affair. She claims to have last seen Mr. Duchovny about a year ago, in the company of others. She is claiming defamation and threatening to sue. The woman whose name according to Access Hollywood is Edit Pakay claims that all she is to Mr. Duchovny is his tennis partner.
In a New York Divorce, a party is allowed to name in their pleadings and papers, someone who they believe is committing adultery with their spouse. But if this is not true, that person should be aware that they could be sued on defamation grounds. And if the wrongly accused third party is able to prove their case, then he or she would be entitled to money damages, and injunctive relief as well.
The moral is that if you are alleging adultery, be absolutely certain about your facts. Truth is a defense to defamation, of course. But if you can’t prove its true, prepare to pay through the nose if you get sued for defamation.