In a California divorce case, if one spouse is awarded money, that spouse needs to enforce the award within a reasonable amount of time. If the delay is too long, the other spouse can claim “laches,” which is an unreasonable delay that causes harm.
In In Re: Marriage of Goldman, the wife wanted to enforce a marital agreement made in 2009. She sought enforcement in 2021. The agreement specified how certain assets, like stocks and royalties, would be divided. The husband argued that she waited too long and that laches applied.
Laches is a delay in asserting a right, and it can prevent a claim if it causes harm to the other party. In this case, the trial court ruled that the wife’s claims were barred by laches. In addition, it denied her attorney’s fees due to the fact that her motion was barred due to her delay.
The wife appealed. The main issue was whether laches could be applied in family law cases that do not involve support payments. Family Code section 291 states support payments are enforceable until paid, but it does not clearly state whether laches applies to other types of family law judgments.
The wife argued that laches should not apply in her case and that, even if it did, the husband had not shown that her delay harmed him. The husband argued that laches should apply in all family law cases except those involving money owed to the State of California.
The Appellate Court reviewed the law and legislative history. The court found that laches could apply, but in this case, the husband did not show he was harmed by the delay. The court said that the husband needed to provide evidence of prejudice—such as showing that key documents were lost or difficulty in finding documents because of the delay. The court also said that even if the
husband did not save some documents, any prejudice might be his own fault.
In cases involving laches, the defending party must show that they tried but could not obtain information because of the delay, and that the missing information is crucial to the case.
The court also reversed the denial of attorney’s fees because it was based on the wrong conclusion that laches applied to all the wife’s claims.
Key Takeaways
Key Point
A spouse seeking to enforce a divorce judgment in Orange County or settlement must act within a reasonable time. A long delay may allow the other spouse to use the defense of laches and argue that the delay has caused harm or prejudice.
Why it Matters
If you wait to enforce a judgment and the other side has been prejudiced, then you are not entitled to the award even though you have a judgment.
Key Point
The court’s ruling suggests that even if records are missing, efforts to obtain them must be proven. It is possible in a divorce that if you do not keep adequate records, the court may find you are not prejudiced.
Why it Matters
In order to assert a prejudice defense, you must show that you are prejudiced. Dicta in this case reflects the idea that some prejudice may be self-inflicted.
Key Point
If a spouse is asserting laches, they must show evidence that they have been harmed due to the delay. Simply claiming prejudice is not enough.
Why it Matters
If you have waited a long time to assert a right, you will need to make sure that you can overcome the prejudice and prove the delay was reasonable.
If you are dealing with a similar family law issue or need assistance with enforcement of an order in Orange County, consider reaching out to Treviño Law. Our office in Laguna Hills, easily
accessible from the 405 and 5 freeways, is here to help with your legal needs.
Disclaimer: This article provides general information and does not establish an attorney-client
relationship. For specific legal advice, please contact Treviño Law, Inc.