Is there a statute of limitations on disclosure in California divorces? 8 Answers as of January 11, 2011

Is there a statue of limitations on the disclosure of assets and liabilities in a California divorce settlement?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Goldberg Jones
Goldberg Jones | Zephyr Hill
No. If he hid assets or failed to disclose them, the court retains jurisdiction to allocate those assets now.
Answer Applies to: California
Replied: 1/11/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
No statute of limitation until the other side discovers the fraud, then it is 3 years.
Answer Applies to: California
Replied: 1/9/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
None that I am aware of. If one party hides an asset that theother party subsequently discovers, sanctions are available to the party from whom the asset was hidden, including assignment of the asset, in its entirety, to the defrauded party. If this was not so, then litigants would have an incentive to hide assets and hope that they could sequester them long enough to evade a statute of limitations.
Answer Applies to: California
Replied: 1/8/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
There are Statutes of Limitations on "Disclosure" in California, but each Statute of Limitation is based on the remedy sought and the grounds upon which the Motion is based.

Family Code Section 2122 addresses the Statutes of Limitations on setting aside a Judgment for particular grounds: (a) Actual fraud: within one year after the date when the aggrieved party discovered, or should have discovered the fraud; (b) Perjury in Disclosure Document(s): within one year after the date the aggrieved party discovered, or should have discovered the perjury; (c) Duress: within two years after the date of entry of judgment; (d) Mental Incapacity: within two years after the date of entry of judgment; (e) Mistake as to a stipulated or uncontested judgment stipulated by mistake of fact or law, mutual or unilateral: within one year after the date of entry of judgment; and (f) Failure to comply with the disclosure requirements: within one year after the date on which the aggrieved party discovered or should have discovered the failure to comply.

With respect to a Motion for Sanctions and Attorney's Fees for breach of the fiduciary to disclose [as was brought in Marriage of Feldman (2007) 153 Cal.App.4th 1470, resulting in sanctions and attorney's fees totaling $390,000, affirmed on appeal],it would appear that Code of Civil Procedure Section 343's four year Statute of Limitation would be the applicable outside limit for the filing of such a Motion (but there was no Statute of Limitations issue in the Feldman case).

My recommendation is to make candid disclosure and to update your disclosures in accordance with the requirements of Family Code Section 2100 and its subsequent related sections.
Answer Applies to: California
Replied: 1/7/2011
Law Office of Stephen Pearcy
Law Office of Stephen Pearcy | Stephen Pearcy
I wouldn't know without doing research on the issue, but I'd argue that it wouldn't make good public policy sense to reward those who intentionally hide their assets from disclosure by recognizing a statute of limitations: maybe for accidental or inadvertent omissions, but not intentional ones.
Answer Applies to: California
Replied: 1/7/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Not per se. Each party has an affirmative duty to advise the other side of all assets and debts, regardless of their characterization. This is done through the Preliminary and Final Declarations of Disclosure. If assets and/or debts are discovered after the Judgment is entered, I would suggest advising the other side of that asset or debt so as to avoid the possibility of sanctions for withholding that information. Each party has a fiduciary duty to the other to be honest and open about all assets and debts and to not withhold information.
    Answer Applies to: California
    Replied: 1/7/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Depending on which county your divorce is in, preliminary disclosures typically have to be exchanged within 3 to 4 months of the filing or service of the divorce petition. Additionally, each party has an ongoing duty to update their disclosures up until such time as all assets and debts are divided, even after final judgment of dissolution is entered. There are other fiduciary duties as well that provide penalties for "hiding the ball."

    If after the divorce is final you learn that the disclosures made during the divorce were inaccurate, certain disclosures were not made, or your spouse otherwise violated fiduciary duties which may the final resolution unjust, then you should not delay in seeking recourse. Call my office if you would like to discuss the specific facts of your case.
    Answer Applies to: California
    Replied: 1/7/2011
    Saddleback Law Center
    Saddleback Law Center | Paris Kalor
    Generally yes, however the answer is not very concrete and it depends on the circumstances. The court in its discretion could rule against the party that has breached the fiduciary duty if the circumstances is egregious enough.
    Answer Applies to: California
    Replied: 1/7/2011
Click to View More Answers: