IS THERE A STATUTE OF LIMITATIONS ON DISCLOSURE IN CALIFORNIA DIVORCES?

DONALD F. CONVISER, a Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Family Law and Divorce Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, brings you another informative and educational blog, responding to questions posed to him about Divorce and Family Law.

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

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

ANSWER: 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 a Motion to set aside a Judgment (or a portion of a Judgment) based on particular grounds, as follows:

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 duty 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.