Get Quality Representation For Unjust Divorce Judgments
Sometimes, divorce proceedings can become highly contentious. The financial and personal stakes in a divorce case can make the parties desperate, provoking them to resort to unfair and unjust methods to win. When such methods help a party achieve a favorable outcome, the other party can undo the resulting judgment. When fraud, deception, duress, or other unjust influences affect a divorce’s outcome, it is a serious matter that requires a thorough investigation from an unjust divorce judgment attorney in Orange County. At Gill Law Group, PC our attorneys have the skill and sophisticated understanding of the procedural and substantive issues in a divorce case to determine if you are entitled to relief from judgment.
To determine the extent of your rights to relief from an unjust judgment, call us at 949-868-5268 today.
Setting Aside A Divorce Judgment In California
A party can set aside an unjust divorce judgment under California Family Code § 2121, which provides that a family law court can relieve a party from a judgment determining the division of marital assets or the support of their spouse or children, based on certain grounds. The grounds for setting aside a divorce judgment for the division of property or child support are outlined in California Family Code § 2122. To obtain relief from an unjust divorce judgment, the complaining party must demonstrate that one of the following grounds materially affected the outcome:
- Actual fraud: A party was prevented from fully litigating their case because of a material misrepresentation of fact. Legal action based on fraud must be brought within one year after the aggrieved party discovered, or should have discovered, the fraud.
- Perjury: False statements in the preliminary or final declaration of disclosure or income and expense statement qualify as grounds for setting aside a divorce judgment. An action or motion based on perjury must be brought within one year from when the wronged party discovered, or should have discovered, the perjury.
- Duress: Forcing someone to act against their will using violence or threats of violence constitutes duress. An action based on duress must be brought within two years after the court entered its judgment.
- Mental Incapacity: If a party suffered from some mental incapacity that deprives them of the ability to fully litigate their case, the judgment can be set aside. A set-aside motion must be brought within two years from when the judgment was entered.
- Mistake: If there was a mistake regarding a matter in a stipulated or uncontested judgment, it may serve as grounds for setting aside the divorce. Suits based on mistake must be brought within one year from the date judgment was entered.
- Failure to Disclose: A party’s failure to comply with disclosure requirements can serve as a basis for setting aside a divorce. The complaining party must bring a motion based on failure to disclose within one year from when they discovered, or should have the discovered, the noncompliance.
Courts will only set aside the parts of a divorce judgment that were materially affected by one of the above grounds. However, the court has the discretion to set aside an entire judgment if the facts show that doing so would be necessary to ensure an equitable and just result. At Gill Law Group, PC, our experienced legal team can discover if your divorce was the product of a wrongful influence and advocate for setting aside parts of the court’s judgment that were corrupted by such influence.
Unjust Divorce Judgment Attorneys In Orange County
Divorce cases can involve complex issues of law and fact. When improper and deceitful tactics are employed to manipulate legal proceedings, it wastes the time and resources you committed to making a good-faith effort to negotiate and litigate your divorce. To find justice in such situations, you should consult an experienced unjust divorce judgment lawyer in Orange County. At Gill Law Group, PC, our team of distinguished family lawyers can guide you through each step of the process. We are committed to helping you find legal relief from judgments that were tainted by the other party’s unscrupulous conduct.