Legal Question in Family Law in California

Time and location limitations to a Marital Settlement Agreement

I have a Marital Settlement Agreement signed with my former husband on Jan. 1, 1975, upon our divorce.

1. One clause stated that he was to keep in force a life insurance policy which I owned on his life. He let it lapse.

Another clause stated that when our youngest child was 26 (4 years ago), he was to disburse to them what remained of his corporate savings account after paying for the children's education. He has not done that.

Can he be made to comply with this Agreement?

2. We signed the Agreement and received our divorce in California. I live in Texas. He lives in California. Can I file in Texas?


Asked on 4/24/00, 7:40 pm

1 Answer from Attorneys
Paul T. Hebda, Ph.D., J.D. The Hebda Law Firm

Re: Time and location limitations to a Marital Settlement Agreement

From what you state, California is your best bet in which to file your claims. I can't tell you how California divroces are wrtieen. Here in Texas those issues are usually part of the contractual matters in a divorce decree. If the time frames you give are correct, you might have past statutes of limitations. You really need to check with a California attorney.

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Answered on 6/02/00, 8:20 am


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