After a divorce judgment has been entered, a party can request that the judgment be set aside. However, to set aside a divorce judgment you must make sure you meet all the requirements under Family Code sections 2122 and 2121(b). An experienced San Bernardino family law lawyer at Wallin & Klarich can evaluate your case and determine whether or not it is proper to file a motion to set aside your divorce judgment.
To set aside a stipulated or uncontested judgment, Family Code section 2122 requires that the moving party show not only fraud, duress, perjury, mistake of law or a failure to disclose, but the moving party must also show that the original outcome of the judgment was affected and that he or she would materially benefit from the set aside.
Public policy favors the finality of judgments. Thus, when asking the court to set aside a stipulated or uncontested judgment, Family Code section 2121(b), the moving party must show the court that the original outcome was materially affected and that setting aside the judgment would materially benefit the moving party. In this context, the word “materially” means significantly.
In a recent case, where the husband obtained a default judgment against his wife, the wife brought a motion to set aside based on allegations of the husband’s fraud, perjury and failure to disclose. However, she was unable to demonstrate to the court that the husband’s acts significantly affected the outcome of the default judgment, and that she would materially benefit from the court setting aside the judgment. The court denied her motion and maintained the judgment intact.
If you believe that you meet the requirements for the court to set aside your judgment, it is important that you hire an experienced and knowledgeable family law lawyer who understands the process and can help you to set aside your judgment. Wallin & Klarich has experienced San Bernardino family law attorneys who can help you today. We will be there when you call. If you have questions or concerns about your case, call us at 888-749-7428.
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