Quick Answer California divorce judgments can be set aside (vacated) under specific grounds and within strict time limits. California Family Code sections 2120 through 2129 govern setting aside divorce judgments. Six specific grounds exist: actual fraud, perjury, duress, mental incapacity, mistake of law or fact, and failure to comply with disclosure obligations. Each ground has specific time limits ranging from 1 year for some grounds to 6 years for failure to comply with disclosure. The party seeking to set aside the judgment files Form FL-300 with detailed evidence supporting the specific grounds. The court holds a hearing to determine whether grounds exist and whether to set aside the judgment. Setting aside a judgment is difficult; courts strongly favor finality. Successful set aside motions typically involve clear documented misconduct by the other party. California Code of Civil Procedure section 473 also provides limited grounds for setting aside default judgments within 6 months. Working with an attorney experienced in set aside motions is essential.
Table of Contents
When Judgments Can Be Set Aside
California courts strongly favor the finality of divorce judgments. Once a judgment is entered, the parties should be able to rely on its terms. Setting aside judgments creates uncertainty and disrupts settled affairs. For these reasons, the grounds for setting aside divorce judgments are limited and the procedures are demanding.
However, there are situations where setting aside is appropriate. When a judgment was obtained through misconduct or substantial error, the policy of finality must yield to the need for justice. The law provides specific procedures balancing these competing interests.
Setting aside is different from modification. Modification changes a judgment’s provisions going forward based on changed circumstances. Setting aside vacates the judgment entirely, returning the parties to the position they were in before the judgment. After a successful set aside motion, the case must be relitigated.
Six Grounds Under Family Code 2122
California Family Code section 2122 provides six specific grounds for setting aside divorce judgments. A board-certified family law specialist can help evaluate whether your situation meets any of the grounds.
The six grounds are:
- Actual fraud where the defrauded party was kept in ignorance
- Perjury in disclosures or testimony
- Duress in execution of agreements or judgments
- Mental incapacity at the time of agreement or judgment
- Mistake of law or fact
- Failure to comply with disclosure obligations under California Family Code section 2105
Each ground has its own elements and time limits. The party seeking to set aside must prove the specific ground by clear and convincing evidence. The court considers whether granting the motion would be in the interest of justice.
Actual Fraud
Actual fraud under California Family Code section 2122(a) occurs when one party intentionally deceives the other in a way that affects the judgment. Examples include:
- Hiding community assets from the other spouse
- Misrepresenting income or earnings
- Falsely denying ownership of property
- Concealing business interests or investments
- Misrepresenting debts or obligations
- Hiding bank accounts or investments
Important elements of actual fraud:
- The misrepresentation must be intentional, not just negligent
- The other party must have been deceived and acted on the misrepresentation
- The deception must have materially affected the judgment
- The defrauded party did not discover the fraud through reasonable diligence
The time limit for actual fraud is 1 year after the fraud was or should have been discovered. The clock starts when reasonable diligence would have revealed the fraud.
Perjury
Perjury under California Family Code section 2122(b) involves false statements made under oath. Common perjury issues:
- False statements in declarations of disclosure
- False testimony at hearings or trial
- False signatures on documents under penalty of perjury
- False statements about income or assets
- False statements about other facts material to the judgment
Important elements of perjury:
- The false statement must have been made under oath or under penalty of perjury
- The false statement must have been material to the judgment
- The party making the statement must have known it was false
- The other party must have relied on or been affected by the false statement
The time limit for perjury is 1 year after the perjury was or should have been discovered.
Duress
Duress under California Family Code section 2122(c) occurs when one party was forced or coerced into agreeing to the judgment. Common duress situations:
- Threats of physical harm
- Economic pressure that overcame free will
- Threats about children’s safety or custody
- Severe emotional manipulation
- Use of mental illness or substance abuse against the other party
Important elements of duress:
- The conduct must have overcome the party’s free will
- Ordinary pressure to settle is not duress
- The party must not have had a reasonable alternative
- The conduct must be unlawful or improper
Time limit for duress is 1 year after the duress ended.
Mental Incapacity
Mental incapacity under California Family Code section 2122(d) means the party lacked mental capacity to understand the agreement or judgment. Capacity issues might include:
- Severe mental illness affecting comprehension
- Substance abuse impairing judgment
- Cognitive disabilities
- Severe emotional disturbance
- Medication effects impairing reasoning
Important elements of mental incapacity:
- Capacity is evaluated at the time of the agreement or judgment
- Mere stress or emotional difficulty is not incapacity
- The standard requires substantial impairment, not just diminished capacity
- Expert testimony is typically required
Time limit for mental incapacity is 2 years after the date of judgment.
Mistake of Law or Fact
Mistake of law or fact under California Family Code section 2122(e) involves significant errors that affected the judgment. Important elements:
- The mistake must be mutual (both parties shared the mistake)
- OR unilateral if the other party knew of the mistake
- The mistake must be material to the judgment
- The party must not have been negligent in failing to discover the mistake
Mistakes that may qualify include:
- Significant misunderstanding about asset values
- Incorrect legal advice about rights
- Mistaken assumptions about future circumstances
- Errors in calculating support or property values
Time limit for mistake is 1 year after entry of judgment.
Failure to Comply with Disclosure
Failure to comply with disclosure obligations under California Family Code section 2122(f) is a powerful ground for setting aside. California Family Code section 2105 requires both parties to make detailed financial disclosures.
Failure to comply includes:
- Failing to disclose assets
- Providing inaccurate information about assets or values
- Failing to provide required documents
- Concealing income or financial activities
- Substantial inaccuracies in disclosed information
This ground is particularly important because:
- Mandatory disclosure is the foundation of California divorce procedure
- Courts strongly enforce disclosure obligations
- The 1101 penalties for hiding community property are severe
- Disclosure compliance is essentially required for any judgment
Time limit for failure to comply with disclosure is the longest, typically 6 years after the failure was or should have been discovered (or 6 years after entry of judgment in some cases).
Time Limits
Time limits for setting aside divorce judgments are strict:
Ground Time Limit Actual fraud 1 year from discovery Perjury 1 year from discovery Duress 1 year after duress ends Mental incapacity 2 years from judgment Mistake of law or fact 1 year from judgment Failure to comply with disclosure 6 years from discovery (sometimes from judgment) Default judgment (CCP 473) 6 months from default Filing within the time limits is critical. Late motions are barred regardless of how strong the grounds may be. The clock starts when the moving party knew or reasonably should have known of the grounds.
The Motion Process
The process for setting aside a divorce judgment:
- Identify the specific grounds for setting aside
- Gather evidence supporting the grounds
- Calculate the time limit and confirm it has not expired
- Complete Form FL-300 (Request for Order) with detailed allegations
- Attach a proposed Response showing what you would do differently
- File the motion with the family court
- Pay the filing fee
- Serve the other party with proper notice (16 court days)
- File proof of service
- Attend the court hearing
- Present evidence and witnesses
- Receive the court’s decision
Common Outcomes
Set aside motions have several possible outcomes:
Complete Set Aside
The entire judgment is vacated and the case returns to pre judgment status. All issues must be relitigated. The previous settlement or trial is no longer effective. Property division, custody, and support all must be redetermined.
Partial Set Aside
The court may set aside only specific provisions while leaving others intact. For example, the property division might be set aside while leaving custody and support intact. This addresses specific misconduct without disrupting unrelated parts of the judgment.
Denial
The court may deny the motion finding that grounds have not been proven, time limits have expired, or the interest of justice does not favor setting aside. Denial does not necessarily mean the alleged misconduct did not occur; it may mean the legal standards for setting aside were not met.
Sanctions
If the misconduct is proven, the court may order additional sanctions including monetary penalties under California Family Code section 1101 (which allows up to 100 percent of concealed community property to the deceived spouse), attorney fees, and other consequences.
Frequently Asked Questions
Q: Can I set aside my California divorce judgment?
A: California divorce judgments can be set aside under specific grounds in California Family Code section 2122: actual fraud, perjury, duress, mental incapacity, mistake of law or fact, and failure to comply with disclosure obligations. Each ground has specific elements and time limits ranging from 1 year for most grounds to 6 years for disclosure violations. The party seeking to set aside must prove the specific ground by clear and convincing evidence. Setting aside is difficult; courts strongly favor finality. Successful set aside motions typically involve clear documented misconduct by the other party. Working with an attorney experienced in set aside motions is essential.
Q: What is the time limit to set aside a divorce judgment?
A: Time limits vary by ground. Actual fraud has 1 year from discovery. Perjury has 1 year from discovery. Duress has 1 year after the duress ends. Mental incapacity has 2 years from the judgment. Mistake of law or fact has 1 year from the judgment. Failure to comply with disclosure has 6 years from discovery, which is the longest available time limit. Default judgments under California Code of Civil Procedure section 473 have 6 months from the default. The clock typically starts when the moving party knew or reasonably should have known of the grounds. Filing within the time limit is essential; late motions are barred regardless of how strong the grounds may be.
Q: What if my spouse hid assets in our divorce?
A: Hidden assets can be a powerful basis for setting aside the judgment under California Family Code section 2122(a) (actual fraud) or section 2122(f) (failure to comply with disclosure). The disclosure ground has the longest time limit, 6 years from discovery. California Family Code section 1101 also provides severe penalties for hiding community assets, including potential award of 100 percent of concealed assets to the deceived spouse. To prove hidden assets, you typically need forensic accounting analysis, documents subpoenaed from financial institutions, and other evidence showing the existence and concealment of the assets. Working with both a family law attorney and a forensic accountant is typically necessary.
Q: Can I undo my divorce if I was pressured to sign?
A: Possibly, under the duress ground in California Family Code section 2122(c). However, duress requires that the conduct overcame your free will and that you had no reasonable alternative. Ordinary pressure to settle is not duress. The conduct must be unlawful or improper. Examples that may qualify include threats of physical harm, severe economic coercion that left no alternative, threats about children’s safety or custody, and severe emotional manipulation. The time limit is 1 year after the duress ended. The standard is demanding because courts are concerned about parties who simply regret their settlements seeking to undo them. Documentation of the coercive conduct is critical.
Q: What is the difference between modification and setting aside?
A: Modification changes a judgment’s provisions going forward based on changed circumstances since the judgment was entered. The original judgment remains valid but is updated for current realities. Setting aside vacates the entire judgment or specific portions of it, returning the parties to the position they were in before the judgment. The case must be relitigated. Modification is much more common and easier to obtain. Setting aside requires proving specific grounds of misconduct or error and is rare. Modification has different time and procedural requirements. Understanding which remedy applies to your situation is important.
Q: Do I need an attorney for a set aside motion?
A: Strongly recommended. Set aside motions involve specific legal grounds, demanding evidentiary standards (clear and convincing evidence), strict time limits, and complex procedural requirements. The alleged misconduct usually involves disputed facts requiring effective presentation. Many set aside cases require forensic accountants or other experts. The consequences are significant; success can dramatically change financial outcomes. Self represented set aside motions rarely succeed even when valid grounds exist. The investment in an attorney is typically well worth it given the potential outcomes. Board certified family law specialists experienced in set aside motions provide particular value.
Q: What happens if my set aside motion succeeds?
A: The court may grant complete set aside (vacating the entire judgment) or partial set aside (vacating specific provisions while leaving others intact). After a complete set aside, the case returns to pre judgment status and all issues must be relitigated. After partial set aside, only the affected portions are revisited. The court may also award sanctions under California Family Code section 1101 (up to 100 percent of concealed community property to the deceived spouse for asset concealment), attorney fees, and other consequences. Property division, custody, and support may all be redetermined based on accurate information and proper procedures. The new judgment may differ significantly from the original.
Q: Can a default divorce be set aside?
A: Yes, under California Code of Civil Procedure section 473 if the moving party shows mistake, inadvertence, surprise, or excusable neglect. The motion must be filed within 6 months of the default judgment. The party must also attach a proposed Response showing they have a meritorious defense. California Code of Civil Procedure section 473.5 also allows setting aside if the party did not receive actual notice of the case in time to file a Response; this ground has up to 2 years from the default judgment or 180 days from notice of judgment, whichever is earlier. Default judgments are easier to set aside than judgments after contested proceedings, but the rules are still strict.
Bottom Line
California divorce judgments can be set aside under specific grounds in California Family Code section 2122: actual fraud, perjury, duress, mental incapacity, mistake of law or fact, and failure to comply with disclosure obligations. Each ground has specific elements and time limits ranging from 1 year for most grounds to 6 years for disclosure violations. The party seeking to set aside files Form FL-300 with detailed evidence. The court applies clear and convincing evidence standard. Setting aside is difficult; courts strongly favor finality. Successful set aside motions typically involve clear documented misconduct by the other party. California Code of Civil Procedure section 473 also provides limited grounds for setting aside default judgments within 6 months. Working with a board certified family law specialist experienced in set aside motions is essential.
If you believe you have grounds to set aside your divorce judgment, a free consultation with a board-certified family law specialist can help evaluate your situation and develop the right strategy.
About the Author
Donald Glen Haslam, Esq. is a Board-Certified Family Law Specialist by the California State Bar Board of Legal Specialization and a senior partner at Haslam & Thorne, LLP in Ontario, California. He has practiced family law exclusively for over 40 years, representing families throughout San Bernardino County and the Inland Empire. Reviewed by Brian George Thorne, Esq., Board-Certified Family Law Specialist.
Related Articles
- Hidden Assets in Divorce: How to Find Them (2026 Guide)
- How to Modify Spousal Support in California: 2026 Complete Guide
- How to Modify Custody Orders in California: 2026 Complete Guide
- Default Judgment in Divorce: What It Means and How It Works (2026)
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Setting aside divorce judgments involves complex legal grounds and demanding procedural requirements. For advice specific to your situation, consult with a licensed family law attorney experienced in set aside motions. Reading this article does not create an attorney-client relationship with Haslam & Thorne, LLP.
