Legal Question in Family Law in California
Marital Settlement
We were divorced in calif, using the same attorney, I was the petitioner. we agreed on the settlement for which she signed. Now she is threatening to take me back to court claiming that I took advantage of her. This is just a threat, but it is bothering me. My question is:- is there a statute of limitation on the time limit that she has to make good on the threat or can this go on for ever?.
Thank you--
1 Answer from Attorneys
Re: Marital Settlement
Assuming there was no extrinsic fraud, she has one year to seek to set aside the agreement based upon unilateral mistake of law or of fact, two years based upon duress. I said "seek", it can be denied by the court.
If there was fraud, there is really no statute of limitations, other than laches.
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