You were in the active military or your service just ended (there's a default judgment) This is the response you would have filed if you had acted in time before the order or judgment was made against you. Write that you are asking for a set aside under Family Code section 2120 or 2122Įxplain why the law applies to your specific situation You must file the request for order to set aside within 1 year after the entry of judgment. When you or your ex-spouse made a mistake in the judgment papers or agreement. Mistakes in judgments by agreement (stipulated) or uncontested You must file the request for order to set aside within 1 year after you found out about or should have found out about their failure to comply with the financial disclosures. You found out your ex-spouse did not comply with the disclosure requirements. The request for order to set aside must be brought within 2 years after the entry of judgmentįailure to comply with the requirements of financial disclosure You couldn't participate because of your mental incapacity. You must file the request for order to set aside within 2 years after the entry of judgment. You were kept from participating because of duress (for example, threats of violence or harsh treatment meant to make you do something you don’t want to do). You must file the request for order to set aside within 1 year after you found out about or found out about the perjury. Your ex-spouse committed perjury (lied on purpose) in the preliminary, final, or waiver of financial declarations of disclosure or income and expense statements. You must file the request for order to set aside within a year after you found out about or should have found out about the fraud. You were kept from having information or from participating in the case through fraud. These legal reasons to set aside a judgment in divorce, legal separation, or annulment cases are based on Family Code section 2120 and 2122. Talk to a lawyer for more information or ask your court’s Self-Help Center or Family Law Facilitator to find out if they can help you. You didn't get the Petition and Summons in time (there's a default judgment) It will depend on what type of order or judgment you are asking to set aside. This is the response you would have filed if you had acted in time before the order was made against you. Write that you are asking for a set aside under Code of Civil Procedure, section 473(b) in your reason.Įxplain why the law applies to your specific situation. What to include in your set aside request If you find out about the order before the 6-month deadline, you should file the request sooner. You must file and serve your request as soon as you can, but no later than 6 months from the date the order was made Had the wrong information or you were unable to understand what to doįor these situations, the fact that you do not have a lawyer is not an excuse for making a mistake. The law doesn’t say exactly what is a valid reason but you can read the law in Code of Civil Procedure, section 473(b).
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