Civil case - domestic violence

Asked almost 2 years ago - 90631

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I am going through a messy divorce and as we go and she is loosing ground. She is claiming that I have beaten her throughout the marriage. nothing was proven in court. it has been about 10 years since we have had major arguements where she has called the police and claimed that I abused her. Each time it is a lie, It is just a way for her to get her way and try to get me in trouble. I have never hit her, although 16 years, i did spit on her when i caught her cheating on me. the case was dropped. no conviction. Under civil (340.15) There is a 3 year statue of limitations. Does the statue of limitations stop until divorce or does it remain running?

Attorney answers (2)

  1. Licensed in CA

    San Diego Domestic Violence Lawyer
    Contributor Level 18

    Answered July 18, 2011 22:37. There is no statute of limitations in divorce really but laches might attach in some claims. People can bring up allegations in divorce to help their case but technically they are not suppose to consider bad acts.

    This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to... more
  2. Licensed in CA

    Irvine Mediation Attorney
    Contributor Level 15

    Answered July 19, 2011 12:17. California is a no fault state. If you had been convicted of abuse, it might be used against you when considering the custody of children. But since there is no conviction on anything, it is really irrelevant to your dissolution.

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