Vacate California divorce judgment for fraud and perjury

How to vacate a California dissolution (divorce) judgment on the grounds of fraud and perjury is the topic of this blog post. Vacating a California divorce judgment on the grounds of fraud is authorized by Family Code section 2122(a), vacating a divorce judgment on the grounds of perjury is authorized by Family Code section 2122(b). Either motion can also be filed in a legal separation or nullity case in California.

The California Family Code states that a motion under either subdivision (a) or (b) of section 2122 must be filed within one year after the date on which the complaining party either did discover, or should have discovered, the fraud or perjury. Note that a California Court of Appeal has stated that the Family Code § 2122(a) and (b) one-year periods do not begin to run on the date that he or she began to suspect the fraud or perjury, but only begins to run on the date that he or she discovered the facts constituting the fraud or perjury.

Family Code § 2122 states in pertinent part that, “The grounds and time limits for a motion to set aside a judgment, or any part or parts thereof, are governed by this section and shall be one of the following:

(a) Actual fraud where the defrauded party was kept in ignorance or in some other manner was fraudulently prevented from fully participating in the proceeding. An action or motion based on fraud shall be brought within one year after the date on which the complaining party either did discover, or should have discovered, the fraud.

(b) Perjury. An action or motion based on perjury in the preliminary or final declaration of disclosure, the waiver of the final declaration of disclosure, or in the current income and expense statement shall be brought within one year after the date on which the complaining party either did discover, or should have discovered, the perjury.”

Anyone involved in California family law proceedings who discovers that the other party has committed fraud or perjury in the underlying family law proceeding may utilize this procedure as long as they file their motion in a timely manner and make a showing that they would materially benefit from the granting of the motion to vacate.

The perjury could involve perjured declarations of disclosure (see Family Code §§ 2104(a), 2105(a)—referring to the commission of perjury “by a party”) and a perjured Family Code § 2105(d) waiver of the final declaration of disclosure, this ground could also occur by signing the waiver without fully complying with the statutory fiduciary disclosure obligations ... because, by executing a § 2105(d) waiver, each party is representing under penalty of perjury that those obligations have been fulfilled. See Family Code § 2105(d)(5).

Attorneys or parties in California who would like to view a portion of a 10 page sample motion to vacate a divorce judgment on the grounds of fraud and perjury that includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and sample declaration sold by the author can use the link shown below.

Sample motion to vacate divorce judgment for fraud and perjury

 

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 255 sample legal documents for California and Federal litigation. If you are in need of assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

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DISCLAIMER:

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.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.