Is There a Statute of Limitations on Divorce in CA?
If you are going through the process of divorce in California, important time limits may apply to your case. Knowing the applicability of statutes of limitations is important for anyone going through a legal process. Here, our experienced divorce lawyers discuss statutes of limitations, deadlines, and other critical time-sensitive information about your case.
What Are Statutes of Limitations?
Statutes of limitations are laws about when a person must take certain legal action. They can apply to various types of cases, including criminal law and civil law cases. For example, prosecutors may have to file charges against a defendant within a certain amount of time from when the crime was committed, or a car accident victim may need to file a personal injury lawsuit within a certain amount of time from the accident date.
What Is the Purpose of Statutes of Limitations?
Statutes of limitations serve an important function. They set time limits to preserve justice. They ensure that legal claims are made in a timely manner. Statutes of limitations help ensure that legal claims are brought while evidence is preserved, witnesses are available, and their memories are fresh. They also help prevent potential defendants from feeling like they are in never-ending limbo because there is a time limit by which a legal claim must be brought forward.
What Is the Statute of Limitations in a California Divorce Case?
California does not have a statute of limitations for divorce cases. This is because California uses no-fault divorce laws. No law requires a spouse to file a divorce within a certain amount of time after an offensive act or a certain number of years of marriage. Either spouse can file for divorce when they wish to. Neither has to prove the other one did anything wrong to cause the divorce. Instead, they simply state that they have irreconcilable differences that cannot be resolved.
Are There Other Time Limits I Should Be Aware of As Part of a California Divorce?
Even though there is no statute of limitations in California divorce cases, there are certain time limits you should be aware of. For example, if your spouse has recently served you with divorce papers, you should know you only have 30 days to provide a response. If this time limit expires, your spouse can get a default divorce, in which case they can get everything they asked for in the divorce, and you can’t be heard.
Additionally, you are subject to time limits if discovery is involved in your case. For example, if your spouse’s attorney sends you interrogatories, you generally have 30 days to comply. Once the judge signs a court order, the parties may be required to immediately comply with it unless the order provides some other date.
Time-Sensitive Matters That Can Be Resolved Through a California Divorce Case
You may have time-sensitive matters that a court can resolve through the legal process of divorce or legal separation, including:
- Domestic violence: A court can make a protective order that prohibits your spouse from continuing acts of domestic violence.
- Child custody: If you are concerned about your child’s safety, you can seek an emergency order for child custody. Courts can also carefully evaluate various factors to determine what is in your child’s long-term best interests.
- Child support: The court can make temporary child support orders, as well as child support orders that apply after the divorce. Parties must comply with child support orders the same month they are put in place.
- Spousal support: The court can create temporary orders for spousal support while a divorce case is pending, as well as permanent alimony.
An experienced family lawyer can explain the legal processes involved in these and other matters that pertain to your divorce.
Contact Our California Divorce Lawyers for Legal Assistance and Guidance
The experienced legal team at Berenji & Associates Divorce Lawyers can review your circumstances and explain how our attorneys can help during a confidential consultation. Contact us today to get started and discuss your case with an experienced California divorce lawyer.
Contact a Los Angeles Family Law Lawyer Today
Whether you are in the midst of the divorce process or a divorce judgment has been entered, you have important legal options at every stage. A divorce judgment can be appealed or modified under certain circumstances. A skilled Los Angeles divorce lawyer can help. Call Berenji & Associates Divorce Lawyers today to know how we can assist you.
Berenji & Associates Divorce Lawyers Los Angeles Office
550 S. Hill Street STE 1467
Los Angeles, CA 90013
(310) 271-6290
Berenji & Associates Divorce Lawyers Beverly Hills Office
9465 Wilshire Blvd #333
Beverly Hills, CA 90212
(213) 277-2586