Can a Divorce Case Be Stopped by Using a Statute of Limitations Defense?
As discussed above, a statute of limitations may apply to both criminal and civil cases. An injured party only has a specific amount of time, as established by the law, to file their complaint. For criminal cases, this means that the government only has a set amount of time to charge someone for a crime. For civil cases, the injured party has a set amount of time to file for damages, or compensation.
A statute of limitations can also be used as a defense in court. The person being sued or charged, called the defendant, can claim that the case was filed after too long a time. It would be unfair to the defendant to use old evidence that may no longer be reliable. When a valid statute of limitations defense is raised, charges, whether criminal or civil, must be dropped. It is even possible for a judge to raise a statute of limitations to save time.
Example: Seven years ago, Simon committed a crime. The government only learned of the crime a few months ago and want to charge Simon. In response, Simon raises the statute of limitations as a defense, arguing that the statute for his alleged crime is five years. Because the crime occurred seven years before, the government cannot take Simon to court. The charges against Simon are dropped.
When it comes to divorce, there is no statute of limitations defense. A person may file for divorce at any time during a marriage.
In What Ways Can a Statute of Limitations Affect Divorce Cases?
Even though a statute of limitations cannot stop a divorce from being filed, statutes of limitations can affect issues associated with divorce. It is common for a statute of limitations to be raised in the event a party violates a settlement agreement or court order.
Settlement agreements and court orders concern the following matters:
- Division of assets
- Child support
- Child custody
- Spousal support
These agreements are legally binding, meaning that to violate them will result in consequences. Such violations could result in contempt charges. The penalty for contempt charges includes fines or jail time.
Violating settlement agreements or court orders is, legally speaking, classified as breach of contract. In California, if one party wants to accuse another of breach of contract, he or she has four years to do so, according to the statute of limitations.