Legal Question in Family Law in Florida
statute of limitations divorce
My brother's ex wife has not paid the divorce settlement by the court ordered due date. My brother has no representation because he is incarcerated and has no funds. I found a motion for contempt of court that I can file to the judge. What is my statute of limitations to file it?
Asked on 2/27/09, 8:57 pm
1 Answer from Attorneys
Brent Rose
The Orsini & Rose Law Firm
Re: statute of limitations divorce
There is no exact statute of limitations on a motion for contempt. However, a judge is allowed to say, "You just plain waited too long" under a similar rule called the "doctrine of laches." (It's pronounced "latches.") Even a couple of months may be too long, but certainly a couple of years would be outside the "limit." It's totally up to the judge, though, so it's really a bad idea to wait.
Answered on 2/28/09, 4:23 pm