Relief from Judgment in Family Law Proceedings

California’s Family Code, in Division 6, Part 1, Chapter 10 deals with relief from judgment in nullity, dissolution, or legal separation proceedings.

Section 2120 contains four legislative findings and declarations including that the public policy of assuring finality of judgments must be balanced against the public interest in ensuring proper division of marital property, in ensuring sufficient support awards, and in deterring misconduct.

Section 2121 provides that, in proceedings for dissolution of marriage, for nullity of marriage, or for legal separation of the parties, the court may relieve a spouse from a judgment, adjudicating support or division of property, after the six-month time limit has run, based on the grounds, and within the time limits, provided in this chapter.

Section 2122 explains that the grounds and time limits for a motion to set aside a judgment are governed by this section and must be one of the six specified grounds: actual fraud, perjury; duress; mental incapacity; or, mistake.

Section 2123 states that a judgment may not be set aside simply because the court finds that it was inequitable when made, nor simply because subsequent circumstances caused the division of assets or liabilities to become inequitable, or the support to become inadequate.

Section 2124 specifies that the negligence of an attorney cannot be imputed to a client to bar an order setting aside a judgment, unless the court finds that the client knew, or should have known, of the attorney’s negligence and unreasonably failed to self-protect.

Section 2125 requires the court to set aside only those provisions materially affected by the circumstances leading to the court’s decision to grant relief.

Section 2126 states that assets or liabilities for which a judgment or part of a judgment is set aside, the date of valuation is subject to equitable considerations. The court must equally divide the asset or liability, unless the court finds upon good cause shown that the interests of justice require an unequal division.

Section 2127 requires, if a timely request is made, the court must render a statement of decision where the court has resolved controverted factual evidence.

Section 2128 has five provisions regarding what the chapter does not affect.