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Lawrence D. Gorin
Lawrence D. Gorin, Lawyer.
Category: Legal
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How long is a divorce judgement in effect after the

Customer Question

How long is a divorce judgement in effect after the divorce? If judgement was never recieved?
Submitted: 6 years ago.
Category: Legal
Expert:  Lawrence D. Gorin replied 6 years ago.
YOUR QUESTION:
How long is a divorce judgement in effect after the divorce? If judgement was never recieved?

ANSWER:
A judgment dissolving a marriage (assuming it is legally valid and no appear is taken within the time allowed by law for doing so), is a “final judgment” and remains effect without time limitation as it pertains to the severing and termination of the bonds of matrimony, with the parties legal status thereafter being restored to that of single, i.e., unmarried, individuals.

Child support and spousal support provisions generally remain in effect until and unless modified by a subsequent court order or termination by operation of law (for example, child is no longer a minor and not otherwise “support eligible,” or spousal support recipient has died, etc.), or the support order was for a limited duration to begin with (for example, spousal support for three years, and the three years has not passed).

If a money award or judgment for the payment of a sum of money was granted as a division of marital property (i.e., a property division award), incident to the dissolution of the marriage, that aspect of the dissolution judgment will expire pursuant to the applicable provisions of state law. The time limitations vary from state to state, so there is no single rule that applies to all states. Generally, in a number of states, a “money judgment” in an marital dissolution case (other than a judgment for child or spousal support) must be renewed within 10 years of its date of entry into the court’s register and will expire (and no longer be enforceable) if not timely renewed. Other states simply for provide for a straight 20 years of enforceability, with no provision for renewal or extension. So you need to check with the law of the state that issued the judgment to see what that state’s law says regarding time limitations and renewal requirements (if any) pertaining to property division money awards in divorce cases.

Lastly, the foregoing discussion applies equally to a judgment that was never received. What counts is not whether you received the judgment but rather whether it was entered (or “docketed”) into the court’s registry (sometimes referred to as the court’s “judgment docket”).

---> NOTICE AND DISCLAIMER (“The Fine Print”): The foregoing response is based only on the facts gleaned from your inquiry and does not constitute a definitive legal analysis or evaluation of the facts and circumstances of your particular case and the law applicable thereto. The information provided here should not be the sole basis for your decision(s) regarding the handling or resolution of the legal problem or issue presented. Limitations and restrictions of this forum prevent any claim or guarantee as to the completeness, accuracy or adequacy of the information contained herein and no such claim is made or guarantee given. The foregoing response to your inquiry is not intended to be and should not be accepted as a substitute for the professional legal advice and counsel that can only be given by a lawyer licensed to practice in the state that has jurisdictional authority over the case. I am licensed to practice law only in the state of Oregon. No attorney-client relationship is intended or created by or through the response(s) given here. Sorry this is so long. But, hey, I’m a lawyer, so whadja expect?

I hope this satisfactorily answers your question(s). You need to click the ACCEPT button to so acknowledge. And be sure to add a few words of positive FEEDBACK, as that is always appreciated. Thank You.

Lawrence D. Gorin, Lawyer.
Category: Legal
Satisfied Customers: 1506
Experience: 30+ years of legal expertise. Informed, knowledgeable, helpful.
Lawrence D. Gorin and 4 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
Thank you for you response. As I can not find anyone here in michigan to help me with this, I will try and find out what I can through the computer. I was divorced in sept 1993, and have been unable to collect my money judgement. Thank you again. This is more help then I have recieved from anyone.
Expert:  Lawrence D. Gorin replied 6 years ago.
EXPANDED ANSWER (no additional charge):
A judgment dissolving a marriage (assuming it is legally valid and no appear is taken within the time allowed by law for doing so), is a “final judgment” and remains effect without time limitation as it pertains to the severing and termination of the bonds of matrimony, with the parties legal status thereafter being restored to that of single, i.e., unmarried, individuals.

Child support and spousal support provisions generally remain in effect until and unless modified by a subsequent court order or termination by operation of law (for example, child is no longer a minor and not otherwise “support eligible,” or spousal support recipient has died, etc.), or the support order was for a limited duration to begin with (for example, spousal support for three years, and the three years has not passed).

If a money award or judgment for the payment of a sum of money was granted as a division of marital property (i.e., a property division award), incident to the dissolution of the marriage, that aspect of the dissolution judgment will expire pursuant to the applicable provisions of state law. The time limitations vary from state to state, so there is no single rule that applies to all states. Generally, in a number of states, a “money judgment” in an marital dissolution case (other than a judgment for child or spousal support) must be renewed within 10 years of its date of entry into the court’s register and will expire (and no longer be enforceable) if not timely renewed. Other states simply for provide for a straight 20 years of enforceability, with no provision for renewal or extension. So you need to check with the law of the state that issued the judgment to see what that state’s law says regarding time limitations and renewal requirements (if any) pertaining to property division money awards in divorce cases.

If you sued someone for money and received a judgment against that person, you are
called the "judgment creditor" and the person against whom you received the judgment is called a "judgment debtor". As a judgment creditor, you have the right to begin to collect the money before the judgment expires based on the statute of limitations in MCL
(NNN) NNN-NNNN The statute of limitations is tolled (stopped) during the time that the judgment is being paid in installments. See MCL(NNN) NNN-NNNNand MCL(NNN) NNN-NNNN If the judgment expires, your legal options for collecting money are no longer available. In order to continue collecting on a judgment after the expiration date, the judgment must be renewed. A motion to renew a judgment must be filed before the original judgment expires. A renewal of a judgment extends the judgment for the same period of time as the original judgment. See MCL(NNN) NNN-NNNNand MCL(NNN) NNN-NNNN

Also, pursuant to MCL §(NNN) NNN-NNNN
---> (3) Except as provided in subsection (4), the period of limitations is 10 years for an action founded upon a judgment or decree rendered in a court of record of this state, or in a court of record of the United States or of another state of the United States, from the time of the rendition of the judgment or decree. The period of limitations is 6 years for an action founded upon a judgment or decree rendered in a court not of record of this state, or of another state, from the time of the rendition of the judgment or decree. A judgment entered in the district court of this state before May 25, 1973, is a judgment of a court not of record. A judgment entered in the district court of this state on or after May 25, 1973, except a judgment entered in the small claims division of the district court, is a judgment of a court of record. Within the applicable period of limitations prescribed by this subsection, an action may be brought upon the judgment or decree for a new judgment or decree. The new judgment or decree is subject to this subsection.
---> (4) For an action to enforce a support order that is enforceable under the support and parenting time enforcement act, Act No. 295 of the Public Acts of 1982, being sections 552.601 to 552.650 of the Michigan Compiled Laws, the period of limitations is 10 years from the date that the last support payment is due under the support order regardless of whether or not the last payment is made.

Lastly, the foregoing discussion applies equally to a judgment that was never received. What counts is not whether you received the judgment but rather whether it was entered (or “docketed”) into the court’s registry (sometimes referred to as the court’s “judgment docket”).

PS: Thank you for having quickly accepted the original answer. Hope this expanded answer provides even more help. I wish you well.

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