Puja Sachdev | February 6, 2025 | Divorce
Many people going through a divorce want to obtain their final order and move on with their lives as soon as possible. As with all legal matters, divorce cases are subject to various deadlines and time requirements. A statute of limitations is a critical deadline in legal matters. Understanding the statute of limitations in your legal case is critical to protecting your rights.
What Is a Statute of Limitations in a Legal Matter?
A statute of limitations is a legally defined time limit within which a lawsuit must be filed. States set statutes of limitations for the cases filed within their jurisdiction. The times vary depending on the type of case and other factors. If you file a lawsuit after the deadline expires, your lawsuit could be dismissed without the court considering any other factors.
A statute of limitations may seem severe because a person could lose their right to pursue an action if they miss the deadline. However, statutes of limitations serve several important purposes.
For example, a statute of limitations ensures that legal claims are filed in a timely manner. Evidence could disappear over time, and witnesses may forget details. The statute of limitations requires a party to file a lawsuit so that defendants can gather evidence for a defense.
Statutes of limitations also help the justice system from becoming backed up with old cases. Defendants are not subjected to a never-ending threat of being sued.
What Is the Statute of Limitations for Filing Divorce Cases in California?
There is no statute of limitations for divorce cases in California. One reason is because the state is a no-fault divorce state. You are not required to prove your spouse engaged in wrongful acts that resulted in the breakup of your marriage. Therefore, you do not need evidence proving wrongdoing.
A spouse can file for divorce on no other grounds that the marriage cannot be saved. Even if the other spouse disagrees, the judge can enter a divorce decree based on the filing spouse’s assertion of irreconcilable differences.
Deadlines and Time Limits in California Divorce Cases
There are time limits and deadlines in divorce cases, even though there is no statute of limitation for filing a divorce complaint. For example, your spouse has just 30 days to file a response to the divorce papers from the date they were served with the papers. If the time expires, the filing spouse can seek a default divorce judgment, including all the relief requested in the divorce complaint.
Discovery requests also have time limits for responses. In a litigated divorce, the parties can serve interrogatories, requests to produce, and other discovery requests to the other party. The other party has 30 days to respond. If the party fails to respond, a judge could enter an order requiring immediate response, or the party would be in contempt of court.
The court may order a spouse to pay child support and spousal support as part of their divorce settlement. If a person falls behind in paying support payments, the court may take one or more actions to collect the past-due payments. If you are owed child support or alimony, there is no statute of limitations on the collection of child support or alimony.
However, if you enter into a divorce settlement, you have three years to ask to re-open the divorce settlement agreement for property division. After the three-year statute of limitations, you cannot re-open the divorce settlement to contest the property division provisions.
A divorce case may involve time-sensitive matters, including child custody and requests for restraining orders. A spouse may file an emergency motion asking the court to prohibit the other spouse from disposing of property and assets. The deadlines in emergency situations could be much shorter than the time limits for other matters.
How Can I Protect My Rights in a California Divorce Case?
Even though California is a no-fault divorce state, it does not mean divorces are always straightforward. Many issues decided in a divorce may be contested, including property division, child custody, spousal support, and child support. The steps you take before and during your divorce case could significantly impact the outcome.
A California divorce lawyer can help you protect your rights. Your attorney monitors all deadlines and time limits to ensure nothing is missed. With the help of your attorney, you can seek the divorce terms that are in your best interest and the best interest of your children.
Contact Our Divorce Law Firm in San Diego, CA. Call us at (619) 866-3756
Contact our experienced San Diego divorce lawyers at San Diego Divorce Lawyers, APC, today for legal assistance. Contact us at (619) 866-3756 to schedule a free consultation.
We proudly serve throughout San Diego County. We are located in San Diego, California.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
(619) 866-3756
