It is possible that a party to a divorce action can set aside a judgment. However, in order to set aside the judgment, the party must prove that he or she has a valid reason to set aside the judgment. The easiest way to set aside the judgment is by filing a motion to set aside the judgment within six months based upon mistake, inadvertence, surprise, or neglect. Even if the party can prove the allegations, the longer he or she waits to file the motion, the less likely the court is to set aside the judgment on these grounds.
Family Code section 2122(a) and (b) allows a party to set aside a judgment within one year of finding actual fraud or perjury. Setting aside of this statute is based upon finding perjury or actual fraud and the clock runs from the time that the perjury or fraud was discovered or should have been discovered.
Family Code section 2122( c) and (d) allows a judgment to be set aside for two years if there is a finding of duress or mental incapacity.
Family Code section 2122 (e) and (f) are the final sections for setting aside the judgment and they require stipulated judgments or uncontested judgments to be set aside within one year. Subsection (f) allows the set aside of a judgment within one year if one side failed to comply with disclosure requirements.
If you need a divorce lawyer in the Orange County area to discuss a family law matter such as spousal support or any other dissolution issue such as child support, custody, transmutation or 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. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.
Please note that this legal advice does not establish a family law attorney-client relationship.
