Defense of Laches


#1

Dear alljams:

Yes, I have used laches as an affirmative defense before. Any other questions?

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Ok, let me get this straight. Although alimony and post separation support are basically formulated the same way, they are different, right? Same factors are into play with both, with the exception alimony is also based on marital misconduct, as post separation is not. Ex has a claim for both, and although I’m not disregarding it, I know there’s no proof to the alimony claim. Being careful in that regard.

My reason for the defense is for post separation support. Separated 9/01, no separation agreement filed. Partial ED settlement 6/02. She receives 75,000.00 from sale of family business, I receive the debt from same, no assets. 4/03 receive complaint for post separation support, alimony. Divorce 12/03.

Incomes the same through marriage, no children. Mediation accomplished nothing, now going to court. On ED affadavit appx. the same expenses for both of us. There has been no mention of support prior to, or since the original complaint. I was paying all bills from the time of separation until I could no longer do so, due to a car accident.

Is the length of time, as well as no action taken by her a reasonable defense for the post separation issue ?

Thanks again


#3

Dear alljams:

Greetings. First, no I do not think that laches is a sufficient defense. You can file for support at any time before the divorce. You even stated below you were paying all bills until your car accident. Why did you not file for alimony from her after the car accident or in response to her filing? If she is substantially dependent on you for support, she may be entitled to alimony.

Yes, post separation support and alimony are similar. In post separation support a dependent spouse cannot bring up fault unless the support spouse does as a defense. You can also ask for a jury trial in an alimony matter. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

Thanks for the info. I just figured the more issues out of the way, the easier this will be on everyone concerned. Litigation is not a pretty subject to be in the middle of, but there’s no reasoning with my ex. Was just hoping I could at least put something aside before she started bringing up more.

Thank you for all the work you do on this site.


#5

I’ve looked through all the questions on this forum, and this one hasn’t come up.

I know what the defination means, and in order to find out if this case applies, I’d have to go through 3 years of stuff. You guys work too hard for that, so I’ll just ask if you know of any cases where this has been used.

Thanks