Aa

#1

The limitation on filing is 3 years from, date of discovery, right?

Actions after 10/1/09 can no longer be used to support the claim of AA prior to 10/1/09, right?

Also, does a delay in filing the AA have any impact on the legitimacy of the claim?? Meaning, if spouse truly believes AA existed and is not suing for ‘strategic’ reasons until a later date, does that sway the case in any way…officially or unofficially(perception)? Hope that makes sense…Thanks

#2

The 3 year period begins running at the time of the acts which caused the alienation. The change in the law effective October 1, 2009 is that actions can no longer be based upon acts which occurred after a physical separation. Waiting to file suit will not change the chances of begin successful so long as all the elements of the claim are proved.