Parties in family law actions may inadvertently waive their rights. For instance, if one party waits unnecessarily long to enforce an agreement, the court could state that the doctrine of laches applies. Laches is the unnecessary delay in the enforcement of a right by one party which if it was enforced would result in prejudice to the other party. An example of this would be an agreement to refinance a home and remove the husband’s name from the mortgage. If the husband waits several years to enforce the agreement, he may have waived the right especially if the wife could not obtain a loan with a better interest rate. The doctrine of laches does not apply to support obligations in California.
If you need a divorce attorney in the Orange County area to discuss a family law matter such as the waiver of a right or any other dissolution issue such as child support, custody, spousal support and property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.
Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County.
Please note that this legal advice does not establish a family law attorney-client relationship.