Finding out that a divorce judgment was entered without your meaningful participation can feel overwhelming. You may discover that your marriage has been dissolved, property has been divided, or support orders have been entered: and you never had the chance to explain your side.
The good news is that California law sometimes allows a court to set aside, or undo, a judgment. But the rules are strict, and deadlines matter.
If you have received a default judgment in a Kern County divorce, act quickly. Waiting can limit your options or eliminate them altogether.
Important: This article provides general information, not legal advice. Your available remedies depend on the type of judgment, the dates involved, how you were served, and the facts of your case.
What does it mean to set aside a judgment?
Setting aside a judgment means asking the court to cancel or undo all or part of an order that has already been entered.
In family law, this may involve setting aside:
- A default entered after you failed to respond to divorce papers
- A default judgment entered without your participation
- A stipulated or uncontested judgment based on a serious mistake
- Orders affected by fraud, duress, or failure to disclose important information
- Certain support or property division provisions
Setting aside a judgment does not automatically guarantee that you will receive the result you want. It generally gives you an opportunity to present your position, respond to the case, or ask the court to reconsider a particular part of the judgment.
Why would a California court undo a judgment?
California courts value finality. Once a judgment is entered, the court does not reopen it simply because someone is unhappy with the result.
However, the law recognizes that serious problems can make a judgment unfair. Depending on the situation, the court may provide relief when a judgment resulted from:
- Mistake
- Inadvertence
- Surprise
- Excusable neglect
- Fraud or concealment
- Perjury
- Duress
- Mental incapacity
- Failure to comply with financial disclosure requirements
- Lack of proper service or actual notice
The specific law and deadline depend on the type of judgment and the reason you are challenging it.
Default judgments: The six-month deadline
A default usually occurs when a person does not file a required response after being served with divorce paperwork. The other spouse may then ask the court to move forward without that person’s participation.
Under California Code of Civil Procedure section 473, a party may be able to ask the court for relief from a default or default judgment based on mistake, inadvertence, surprise, or excusable neglect.
The general deadline is strict:
- A motion must be filed within a reasonable time.
- In most circumstances, it cannot be filed more than six months after the default or judgment at issue.
- The six-month period may run from the entry of default or from entry of the default judgment, depending on what you are asking the court to set aside.
Do not assume you have six months from the day you discovered the judgment. That may not be how the deadline is calculated.
What are examples of excusable neglect?
Every case is fact-specific, but examples may include:
- You misunderstood the response deadline.
- You were hospitalized or experiencing a serious medical emergency.
- You relied on incorrect information about the court process.
- You did not understand that failing to respond could result in a judgment.
- You made a reasonable mistake about where or how to file a response.
- An attorney or legal professional failed to take an expected action.
The court will look at the facts and whether your explanation is legally sufficient. Simply saying that you forgot is not typically enough.
In some situations, California law also provides relief when an attorney accepts responsibility for the mistake through the required sworn statement. That option has its own requirements and still involves the six-month deadline.
Family Code section 2122: Relief after the first six months
For certain judgments involving dissolution, nullity, or legal separation: particularly judgments addressing property division or support: Family Code section 2122 provides specific grounds and deadlines.
This law is important because the six-month deadline under Code of Civil Procedure section 473 is not the only possible route. However, Family Code section 2122 is not a general “second chance” statute. You must fit within one of its listed grounds.
The deadlines are not all the same:
| Ground | General deadline |
|---|---|
| Actual fraud | Within one year after discovering, or reasonably discovering, the fraud |
| Perjury in specified financial disclosures | Within one year after discovering, or reasonably discovering, the perjury |
| Duress | Within two years after entry of judgment |
| Mental incapacity | Within two years after entry of judgment |
| Mistake involving a stipulated or uncontested judgment | Within one year after entry of judgment |
| Failure to comply with disclosure requirements | Within one year after discovering, or reasonably discovering, the failure |
So, while people often refer generally to a “two-year” deadline for setting aside a family law judgment, that does not apply to every situation. Some grounds have a one-year deadline, and other facts may trigger different rules.
Common reasons for setting aside a California divorce judgment
1. You failed to respond because of a mistake or excusable neglect
A person may miss a response deadline because they were dealing with a medical crisis, confusing paperwork, financial hardship, emotional distress, or another serious problem.
The court may consider whether your failure was understandable under the circumstances and whether you acted promptly after learning about the default or judgment.
2. Your spouse committed fraud or concealed information
Fraud may involve deliberately keeping you from participating in the case or hiding important facts that affected the judgment.
Examples could include concealing assets, misrepresenting income, or preventing you from receiving meaningful information about the proceeding. Fraud claims require evidence: not just a belief that the outcome was unfair.
3. You signed an agreement because of a serious mistake
A stipulated or uncontested judgment may sometimes be challenged because of a mutual or unilateral mistake involving law or fact.
For example, you may have misunderstood a material term, relied on incorrect information about an asset, or agreed to language that did not reflect the deal you intended. The law limits these claims, so the exact wording of the judgment and supporting documents matters.
4. You signed or agreed under duress
Duress means you were pressured or coerced in a way that deprived you of a genuinely voluntary choice.
Ordinary relationship conflict or pressure to resolve a case does not automatically establish duress. The facts must show a serious level of coercion, threat, or improper pressure.
5. You never received proper notice
If you were not properly served with the divorce petition and summons, or you did not receive legally sufficient notice, the judgment may present a different legal issue.
A judgment entered without proper jurisdiction or service may not be treated the same way as a judgment entered after proper service and a missed deadline. Do not wait to investigate this issue. Courts may still expect you to act diligently after learning about the judgment.
Why you should never ignore divorce papers
Ignoring divorce papers does not make the case disappear. It can allow your spouse to request orders without your input.
A default judgment may address:
- Whether the marriage ends
- Child custody and visitation
- Child support
- Spousal support
- Community property and debts
- Attorney’s fees
- The restoration or termination of a former name
- Other issues included in the proposed judgment
Even if you and your spouse have discussed an informal agreement, discussions do not replace filing the proper response. A written court order controls: not a text message, handshake, or verbal promise.
If you have been served, speak with a lawyer promptly. If a judgment has already been entered, gather the court documents and determine the exact filing dates before assuming that your options have expired.
How a Kern County family law attorney can help
A Bakersfield family law attorney can review the court file and help answer the questions that determine your next step:
- When was the default entered?
- When was the judgment entered?
- How were you served?
- Did you receive actual notice?
- What issues did the judgment decide?
- Which facts support mistake, fraud, neglect, duress, or another legal ground?
- Which deadline applies?
- What evidence supports your request?
- What response or proposed order must be filed?
The attorney may also help prepare a motion, declaration, supporting exhibits, and a proposed response to the divorce petition. Preparation matters. A court will expect specific facts, relevant documents, and a legally recognized reason for relief.
If children, real estate, retirement accounts, business interests, support, or substantial debt are involved, the consequences can be significant. A careful review can help you understand both the risks and the possible path forward.
What to do right now
If you believe a California family law judgment should be set aside:
- Find every document you received from the court.
- Identify the date the default and judgment were entered.
- Write down when you first learned about the judgment.
- Gather proof related to service, illness, fraud, financial information, or other relevant facts.
- Do not assume that informal negotiations stop the deadline.
- Contact a family law attorney as soon as possible.
The sooner you act, the more options you may have.
Talk with The Gorski Firm about your next step
A default judgment can affect your finances, children, property, and future. If you are in Bakersfield or elsewhere in Kern County, The Gorski Firm’s family law team can review your situation and explain the available options in plain language.
Contact The Gorski Firm to schedule a consultation with a California family law attorney. Bring your court papers if you have them, and do not wait until the deadline is close.
