Is there a statute of limitation as to when someone can no longer file a challenge to a separation agreement?
Quick facts:
Separation agreement signed by both parties in 1995 with a divorce granted in 1996. Is there a time when my ex can no longer have an attorney file a motion to challenge/change the agreement claiming that she was misrepresented during the initial process or “feels she was taken advantage of”? We each had our own attorney handling this matter.
Thank you…
My error, the separation agreement was signed in either 2004 or 2005…must have been too tired when I wrote the original entry!
There is no statute of limitations to challenge the actual contract, however you may have the defense of laches (unreasonable delay on her part) for her failure to address the issue for 14 years.
I edited my original post that the separation agreement was signed in 2005, not 1995.
So if I read your response correctly, she can hire an attorney and try to have the original agreement modified at any point? Periodically she claims that she was poorly represented by original counsel.
We are not talking about spousal or child support, only the distribution of marital property and assets.
Thanks, appreciate your replies…!
She can hire an attorney and try to have the agreement set aside, but I do not believe her suit will be sucessful.