A final divorce judgment can sometimes be changed in California, but the ability to make a change depends on which part of the judgment is at issue and why the change is being requested. Some orders can be modified when circumstances change, while others may require a court to set aside or correct the existing judgment.
Understanding how to modify a divorce judgment can help a person determine whether they need to request a modification, ask the court to correct an error, or seek to have the judgment set aside entirely.
The process can become complicated because different rules apply to child custody, child support, spousal support, property division, and other provisions included in a divorce judgment.
Which Parts of a Divorce Judgment Can Be Changed?
Not every part of a final divorce judgment receives the same treatment. California courts allow certain orders to be changed when circumstances justify a modification, while some final decisions are much more difficult to reopen.
For instance, child custody, visitation, child support, and certain spousal support orders may be modified after a divorce when the legal requirements for modification are satisfied. California Courts explains that a person can use the Request for Order process to ask the court to change certain orders even after the divorce case has become final.
Child Custody and Visitation Orders
Children’s needs and family circumstances can change considerably after a divorce. A parenting schedule that worked when a child was younger may no longer work due to changes in school or work schedules, living arrangements, or the child’s needs.
California courts state that custody orders in a judgment are considered final, but a later change generally requires showing a significant change in circumstances. Visitation and parenting-time arrangements may also be changed when circumstances support a new order.
A parent requesting a change should explain what has changed and why the proposed arrangement would better serve the child’s interests.
Child Support and Spousal Support
Support orders may also be modified under circumstances allowed by law. Changes in income, employment, financial responsibilities, or other relevant circumstances may affect the amount of support payable.
California Courts specifically identifies changes in income as one reason a person may need to return to court after a divorce. If both former spouses agree to a change, they can submit their agreement to the judge and ask the court to make it a new order. If either person disagrees, they may request a hearing and ask the judge to decide whether the order should be changed.
Property Division Is Different
Property division generally receives different treatment from support and custody orders. Once a divorce judgment divides marital property and debts, a person usually cannot simply ask the court to reconsider the division because they later believe the result was unfair.
However, certain legal circumstances may provide a basis for challenging a judgment. For example, California courts recognize specific grounds for setting aside divorce judgments, including fraud, perjury, duress, mental incapacity, failure to comply with financial disclosure requirements, or certain mistakes in an agreement or an uncontested judgment.
Because these challenges have specific requirements and deadlines, a person should act promptly after discovering a potential problem.
When Can a Divorce Judgment Be Set Aside?
A modification and a set-aside request are not the same thing. A modification asks the court to change an order because circumstances have changed or because the law permits a new order, while a set-aside request asks the court to cancel or undo an existing judgment or order for a legally recognized reason.
California Courts identifies several possible grounds for setting aside a divorce judgment, including actual fraud, perjury, duress, mental incapacity, failure to comply with financial disclosure requirements, and certain mistakes in stipulated or uncontested judgments. Different grounds have different deadlines.
For example, certain requests based on fraud or perjury must generally be filed within one year after discovering the issue, while a request based on duress or mental incapacity generally has a two-year deadline from entry of judgment.
California Law May Affect Your Options
California’s family law rules determine when courts can modify or set aside different portions of a divorce judgment. California Family Code §§ 2120–2122 address certain grounds for setting aside divorce-related judgments, including fraud, perjury, duress, mental incapacity, disclosure failures, and certain mistakes.
The applicable deadline and required evidence depend on the specific legal ground. A person should therefore avoid assuming that every final divorce judgment can be reopened simply because circumstances have changed.
Key Takeaways
- A final divorce judgment can sometimes be changed, but different rules apply to different parts of the judgment.
- Child custody, visitation, child support, and certain spousal support orders may be modified when legal requirements are met.
- Property division is generally treated differently and may be difficult to reopen.
- A judgment may be set aside in limited circumstances such as fraud, perjury, duress, mental incapacity, or certain disclosure violations.
- Set-aside requests can have strict deadlines that depend on the legal reason for the request.
- Acting promptly is important when a person discovers a potential error or legal basis for challenging a final judgment.
