Is there a statute of limitations regarding a divorce settlement?
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Is there a statute of limitations regarding a divorce settlement?
I filed for divorce from my wife several years ago (married 9 years) and I have a court-signed bifurcation. She has never filed an order to show cause; no specific orders were made for paying alimony, retirement, etc. Is there a statute of limitations for her to pursue this?
Asked on March 30, 2012 under Family Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you have a final dissolution decree that is more than 9 years old, then the terms and conditions of the document control your situation. If the document makes no reference for alimony and retirement issues, then the chances of your former wife being able to pursue such claims successfully seems very remote. The issue is what does the dissolution agreement that you are writing about state?
I suggest that you consult further with a family law attorney in that statute of limitations issues with respect to marital dissolution matters are determined by the dissolution agreement itself.
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