Can You Reopen a Divorce Case in California After It’s Finalized
Divorce is supposed to bring closure, but sometimes life or hidden facts have other plans. If you’ve found new information — like undisclosed assets or mistakes in your paperwork — you might wonder if you can revisit your divorce.
The short answer is yes, but only under certain legal grounds and within strict deadlines. This guide explains when and how a finalized divorce can be set aside, what laws apply, and the steps to take if you think something important was missed.
Understanding “Finalized” Divorce Judgments
When a divorce is finalized in California, it means the court has entered a judgment that resolves all key issues, including property division, spousal support, child custody, and other relevant matters. The case is considered complete. However, the law acknowledges that mistakes or misconduct can occur, which is why specific post-judgment remedies are in place.
A finalized divorce can be modified, appealed, or set aside depending on what went wrong during the process.
- Modification adjusts child or spousal support due to changed circumstances.
- An appeal challenges a legal error made by the court.
- Set-aside motions allow you to reopen or correct a judgment when there’s evidence of fraud, mistake, or other qualifying grounds.
California law provides two main statutes for reopening a divorce:
- Family Code §§2120–2122, covering grounds like fraud, perjury, duress, mistake, and failure to disclose.
- California Code of Civil Procedure §473(b), which allows relief from judgments due to mistake, inadvertence, surprise, or excusable neglect.
You can review these statutes directly at the California Legislative Information site.
Legal Grounds to Reopen or Set Aside a Divorce Judgment
California courts take finality seriously, so reopening a case requires strong legal grounds. Below are the recognized reasons and their respective time limits:
|
Ground |
Legal Basis | Deadline |
Example Scenario |
| Fraud or Perjury | Family Code §2122(a)-(b) | 1 year after discovery | Hidden bank accounts or false disclosures |
| Duress | §2122(c) | 2 years | Signing agreement under coercion |
| Mental Incapacity | §2122(d) | 2 years | Cognitive decline during proceedings |
| Failure to Disclose | §2122(f) | 1 year | Missing mandatory asset declaration |
| Mistake/Inadvertence | CCP §473(b) | 6 months | Clerical or legal filing error |
| Omitted Assets | Family Code §2556 | No time limit | Property not listed in original judgment |
Each ground requires evidence like documents, witness statements, or financial records to convince the court that reopening the judgment is justified.
The Difference Between Reopening, Modifying, and Appealing
It’s easy to confuse these post-divorce remedies, but they serve very different purposes.
- A motion to reopen or set aside corrects problems that existed before the judgment was entered, like hidden information or fraud.
- A modification adjusts existing orders (such as child support or custody) when circumstances change after the judgment has been issued.
- An appeal challenges the trial court’s legal ruling and must be filed within strict appellate deadlines, usually within 60 days of the final judgment.
Choosing the right remedy can prevent costly mistakes. For example, if your ex hid assets, a modification won’t help — but a set-aside under Family Code §2122 or §2556 might.
How to File a Motion to Set Aside a Divorce Judgment
Filing a motion to set aside a divorce judgment in California requires careful steps. Missing a deadline or failing to provide solid evidence can lead to immediate denial.
- Step 1: Identify the correct legal ground under Family Code §2122 or CCP §473(b).
- Step 2: Prepare and file a Notice of Motion with supporting declarations and exhibits showing proof of fraud, mistake, or nondisclosure.
- Step 3: Serve the other party in accordance with California court rules.
- Step 4: Attend the hearing where the judge will review your motion and supporting evidence.
Courts expect detailed, factual declarations, not assumptions or emotions. For official filing information and forms, visit the California Courts Self-Help Center.
“Judges in Los Angeles County often require detailed evidence showing when and how the fraud or mistake was discovered. Acting quickly after discovery can make or break your case.”
Hidden or Omitted Assets: Continuing Jurisdiction
California law protects against hidden assets even after a divorce is finalized. Under Family Code §2556, if a community property asset was accidentally or intentionally left out of the judgment, the court keeps “continuing jurisdiction” to divide it later. This means you don’t have to reopen the entire divorce to address the missing asset.
For example, if a retirement account or stock portfolio wasn’t disclosed during the proceedings, the court can still divide it fairly, even years later. This helps keep community property division fair.
“California’s Family Code §2556 allows courts to divide omitted or undisclosed community assets at any time after judgment.”
Serious Concealment: Penalties Under Family Code §1101(g)-(h)
Failing to disclose assets in a divorce isn’t just unethical; it’s a serious legal violation. California law imposes harsh penalties for deliberate concealment.
If one spouse proves that the other intentionally hid assets with fraud, oppression, or malice, the court can award up to 100% of the hidden asset’s value to the wronged party under Family Code §1101(h).
This rule exists to protect fairness and discourage deceit in financial disclosures. It’s one of the strongest deterrents in California family law.
“Family Code §1101(h) authorizes courts to award 100% of a concealed asset to the innocent spouse when the concealment involves fraud, oppression, or malice.”
FAQs
Can you reopen a divorce case in California after it’s finalized?
Yes. You can file a motion to set aside a judgment under Family Code §2122 or CCP §473(b) if you have valid legal grounds.
How long do I have to reopen a divorce judgment?
It depends on the reason. Most motions must be filed within 6 months to 2 years, except for omitted assets, which have no time limit.
Is reopening the same as appealing a divorce judgment?
No. An appeal reviews court errors, while a reopening focuses on new facts, misconduct, or previously hidden information that may have affected the judgment.
Can I reopen a divorce case if my ex hid assets?
Yes. Under Family Code §2556, courts can divide undisclosed assets anytime, even years after the divorce is finalized.
Do I need an attorney to file a motion to reopen a case?
You can file yourself, but strict deadlines and procedural rules make it safer to work with an experienced family law attorney.
What happens if the court agrees to reopen my case?
The judge can vacate part of the judgment and reconsider only the affected issues, such as property division or spousal support.
Conclusion
Reopening a divorce case in California is possible, but it’s complex and time-sensitive. Courts will only reconsider judgments with clear proof of fraud, mistake, or hidden information.
If you believe your divorce outcome was unfair or incomplete, acting quickly is critical. At Pedrick Law Group, our family law attorneys in Encino help clients understand their legal rights and options under California’s post-judgment relief laws. We can review your case, evaluate whether it qualifies for reopening, and guide you through every procedural step.
Contact Pedrick Law Group for a free, confidential consultation to learn your options for pursuing justice after a finalized divorce.