Laches lets a Georgia court deny equitable relief to someone who waited too long to seek it, but only if the delay caused harm.
What the Statutes Say
Under OCGA 9-3-3, courts of equity may bar a claim when, “from the lapse of time and laches of the complainant, it would be inequitable to allow a party to enforce his legal rights.” OCGA 23-1-25 adds that equity gives no relief to one “whose long delay renders the ascertainment of the truth difficult, even when no legal limitation bars the right.”
Where It Applies
Laches reaches equitable claims. In Howington v. Howington, 281 Ga. 242 (2006), the Georgia Supreme Court confirmed that “laches can be a defense to an action attacking the validity of a divorce decree.” But in Sovern v. Sovern, 156 Ga. App. 752 (1980), the Court of Appeals upheld striking it from a suit for back alimony under an out-of-state decree, because a suit to collect on a judgment is a legal action. Nor, under Wynn v. Craven, 301 Ga. 30 (2017), does it bar unpaid child support.
The Factors
Under Howington, courts weigh the circumstances, including (1) “the length of the delay,” (2) “the sufficiency of the excuse for the delay,” (3) “the resulting loss of evidence,” and (4) “the prejudice suffered.”
In Davis v. Davis, 310 Ga. App. 512 (2011), a former wife divorced in Louisiana in 1996 waited until 2008 to claim real estate and part of her former husband’s military pension, and the Court of Appeals affirmed the dismissal of her claim because she had not exercised reasonable diligence.
Delay Alone Is Not Enough
Howington also held that “a party must prove some harm or prejudice caused by the delay.” There, a husband waited more than six years to challenge a 1997 decree for lack of proper service. His wife’s laches defense failed because she showed no harm, and the order setting the decree aside was affirmed.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!