Legal Question in Family Law in California

Statute of limitations on divorce settlement?

My wife divorced me in California four years ago. By oral agreement, she took half of our cash, one of the cars, much of my pre-marriage personal property, adding up to much more than she came into the marriage with, and in exchange promised not to tamper with my pension. She specified in her petition that there were ''no issues of division of community property'' and with respect to assets, ''no such assets or debts subject to disposition by the court'', and that's how the August, 2002 final reads. But when I recently tried to file for the small pension, I was denied. They insist they need either final divorce documentation specifying the exact disposal of their pension (which I don't have), or her notarized signature waiving any claim to that specific pension. I've hunted her down and asked for her signature, but now, realizing I'm at a disadvantage, she's disinclined to sign it. Do I have to offer her a new deal in order to obtain her signature? Is there a statute of limitations with respect to pension assets in a divorce settlement? If so, what procedure do I need to persue to produce some sort of legal document that might satisfy the pension fund? Finally, is there any other recourse?


Asked on 7/19/06, 3:00 am

1 Answer from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Statute of limitations on divorce settlement?

That is too complex a question to answer without reviewing the judgment and court orders. Take this to an attorney who can give you a better answer. Good Luck, Pat McCrary

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Answered on 7/20/06, 1:28 pm


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