Expert: Darrin Bell - 4/3/2007

Question
Back in 98 there was one instance of domestic violence by me against my wife.  She didn't call the police, press charges, go to a hospital or even talk to her mother about it.  We continued to live in the same home and attend marriage counseling for 9 months, where we called what I did 'attempted murder'.  After those nine months passed (without further incident) we were seperated and finally divorced.  We haven't spoken in 5 years.

In my future attempts to contact her regarding our joint student loans, I'm afraid that she will use the "Attempted Murder" defense and either throw me in jail or slander my name to get out of paying her fair portion of the loans.

My question is this:  Is there a statute of limitations in Massachusetts for an unannounced crime of attempted murder?  Keep in mind that there is no police record, and there was no mention of that in the divorce where we parted 'amicably'.  I would believe that it comes down to her word against mine as far as the actual intention of the crime and the burden of proof would rest with police record, hospital records, etc. of which there are none.

Answer
jason, if there are no records, there can be no statute of limitations.  something has to be on file for you to violate.  she could challenge you through civil court, but that is a reach.  even so, that would not have any effect on your common bills.  this should have been addressed in your divorce decree though.  check it carefully about the joint bills provision.