The California Family Code requires that parties comply with certain disclosure requirements before any judgment can be entered. For example a preliminary declaration of disclosure must be served in every case pursuant to Family Code § 2104.
The preliminary declaration of disclosure cannot be waived under any circumstances. Failure of a party to comply with this disclosure requirement requires that the judgment be set aside.
A final declaration of disclosure is not required in a default judgment case pursuant to Family Code § 2110. In all other cases a final declaration of disclosure is required unless both parties mutually waive the final declaration of disclosure. See Family Code § 2105.
Family Code § 2107(d) states that, “If a court enters a judgment when the parties have failed to comply with all disclosure requirements of this chapter, the court shall set aside the judgment. The failure to comply with the disclosure requirements does not constitute harmless error.”
However there are time limitations on requesting that a judgment be vacated. An order to show cause or notice of motion must be filed within one year after the date on which the moving party discovered, or should have discovered, the failure to comply.
Family Code § 2122(f) states that a Judgment may be set aside for, “Failure to comply with the disclosure requirements of Chapter 9 (commencing with Section 2100) An action or motion based on failure to comply with the disclosure requirements shall be brought within one year after the date on which the complaining party either discovered, or should have discovered, the failure to comply.”
Attorneys or parties in California who would like to view a portion of a sample points and authorities in support of an order to show cause or notice of motion to vacate a divorce judgment under Code of Civil Procedure section 473(d) and Family Code section 2122(f) can use the link shown below.
Sample motion to vacate California divorce judgment
The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 235 sample legal documents. Visit his website at LegalDocsPro website and his Facebook page at Facebook page
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Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
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