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Is there a statue of limitations on a non-contested divorce?

Puyallup, WA |

My divorce was in 2003 and when he filed he told me that if I gave him the house, computer, fridge, and washer that he would take all of the bills and pay off my car. If I contested it or asked for spousal support or for my half of the house, he would saddle me with all of the bills, stop paying on the house and car and refuse to pay spousal support or do anything involving money to me. He didn't feel that I should have anything to do with the house because I didn't work or pay the mortgage, at his request. I at the time felt threatened but also was hoping that giving him what he wanted would make him change his mind. He then didn't pay the bills on time and destroyed my credit. Can I go after him now for spousal, the house, and or the money he should have paid to keep my credit clean?

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Attorney answers 2

Posted

Once a court order (decree) is entered, a party may ask the judge to reconsider within 10 days and a party may seek to appeal within 30 days.

A party may also seek to vacate an order under Civil Rule 59. While there are a number of reasons provided in the rule, they also must be pursued in a reasonable period of time. My thoughts are that you would have to have a very good reason to convince a judge to vacate 8 years later.

I would suggest that you contact a family law attorney and get a 30 minute free consultation. You may contact my office and I will be happy to discuss the issue with you right away.

LEGAL DISCLAIMER Mr. Pierce is licensed to practice law in Washing with an office in Seattle and services clients in all parts of Washington. He can be reached at 206-587-3757 or at the email address at piercefamilylaw.com Mr. Pierce is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Washington law. This response is only in the form of legal education and is intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Pierce strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.

Posted

Mr. Pierce is correct.

You're not looking for anything regarding the statute of limitation for dissolution (divorce), but whether your motion to vacate would be timely. The hook, at best, would be if you didn't discover something that was occurring back then until recently. For example if last week someone repossessed your car, and you discovered that in 2002 your ex-husband had won the lottery by using a ticket you purchased. It really needs to be rather extreme for a motion to vacate a judgment so old.

I do not know if an appeal is possible, but I believe the issue of timeliness would be of greater concern.

Any opinions, remarks, statements, or implications thereof made by me do not constitute legal advice. Such opinions, remarks, statements, or implications thereof are meant only as general statements of the law. Laws and regulations are in constant flux. The giving of legal advice requires a careful examination of the specific facts of an individual case beyond what is possible on AVVO.com. Previous results do not guarantee future results will be similar. No attorney-client relationship is formed by my use of AVVO.com.