After a divorce, you may feel relieved to have the legal process behind you. But if you later discover hidden assets, misleading financial information or serious settlement problems, you may worry the outcome was unfair.
California law allows you to challenge certain divorce judgments under specific circumstances, but strict deadlines and legal requirements apply.
When a divorce settlement becomes binding
When you reach a divorce settlement in California, you may want to move forward and leave the process behind. However, signing an agreement does not always finalize your divorce. Once the judge approves the agreement and enters a judgment, the terms generally become enforceable.
You cannot simply change your mind later, but you may ask the court to challenge the judgment if a valid legal reason exists.
Legal grounds for challenging a divorce settlement
California law allows you to ask the court to set aside a divorce judgment for specific legal reasons. Depending on your circumstances, these may include:
- Fraud: Your ex-spouse hid important information or used deception that prevented you from fully participating in the case.
- Perjury: Your ex-spouse knowingly provided false information in required financial disclosures.
- Duress: Threats or pressure prevented you from freely participating in the divorce process.
- Certain mistakes: You or your ex-spouse made a qualifying mistake in an agreed or uncontested judgment.
Each ground has specific legal requirements and deadlines. For example, fraud claims generally carry a one-year deadline from when you discovered or should have discovered the fraud.
You must show that your situation meets the legal requirements; simply regretting the settlement is not enough.
Property division and support orders follow different rules
Even after your divorce becomes final, you may have options if your financial circumstances change. California law treats property division differently from child and spousal support orders.
Courts generally cannot modify a final property division simply because your situation has changed. However, you may request a change to child or spousal support when you meet the legal requirements.
For support orders, you generally need to show a change in circumstances, although some exceptions apply.
Protect your legal rights
If you think your divorce settlement was unfair, check your court papers and collect any evidence that supports your concerns. California law gives you limited time to challenge a divorce judgment, so do not wait too long.
A California family law attorney can explain your options and help you decide what to do next.
